Representations and Warranties of the Beneficiary. The Beneficiary hereby represents and warrants to the Owner Trustee as of the date of this Agreement and as of the date of each increase in the Investor Interest of the Collateral Certificate that:
Representations and Warranties of the Beneficiary. The Beneficiary hereby represents and warrants to the Owner Trustee that:
Representations and Warranties of the Beneficiary. Section 3.01 Representations and Warranties of the Beneficiary.........................................10 ARTICLE IV.
Representations and Warranties of the Beneficiary. 10 Section 3.01 Representations and Warranties of the Beneficiary 10
Representations and Warranties of the Beneficiary. 11 Section 3.01 Representations and Warranties of the Beneficiary 11 ARTICLE IV. DISTRIBUTIONS OF FUNDS 12 Section 4.01 Distribution of Funds 12 Section 4.02 Payments from Trust Estate Only 12 Section 4.03 Method of Payment 13 Section 4.04 Establishment of Account 13 ARTICLE V. DUTIES OF THE OWNER TRUSTEE 13 Section 5.01 Action Upon Instructions 13 Section 5.02 No Duty to Act Under Certain Circumstances 14 Section 5.03 No Duties Except Under Specified Agreements or Instructions 14 Section 5.04 Trust Operation 15 Section 5.05 Execution of Documents 16 ARTICLE VI. CONCERNING THE TRUSTEE BANK 17 Section 6.01 Acceptance of Trust and Duties 17 Section 6.02 Furnishing of Documents 18 Section 6.03 No Representations and Warranties as to the Trust Estate 18 Section 6.04 Signature of Periodic Filings 18 Section 6.05 Reliance; Advice of Counsel 18 Section 6.06 Not Acting in Individual Capacity 19 Section 6.07 Representations and Warranties 19 TABLE OF CONTENTS (continued) Page ARTICLE VII. TERMINATION OF TRUST AGREEMENT 20 Section 7.01 Termination of Trust Agreement 20 ARTICLE VIII. SUCCESSOR OWNER TRUSTEES, CO-TRUSTEES AND SEPARATE OWNER TRUSTEES 20 Section 8.01 Resignation and Removal of the Owner Trustee; Appointment of Successors 20 Section 8.02 Transfer Procedures 21 Section 8.03 Qualification of Owner Trustee 21 Section 8.04 Co-trustees and Separate Owner Trustees 21 ARTICLE IX. AMENDMENTS 22 Section 9.01 Amendments 22 ARTICLE X. BENEFICIAL INTERESTS AND CERTIFICATES 22 Section 10.01 Issuance of Trust Certificates 22 Section 10.02 Beneficial Interest; Prohibitions on Transfer 23 Section 10.03 Lost or Destroyed Trust Certificate 24 ARTICLE XI. COMPENSATION OF TRUSTEE BANK AND INDEMNIFICATION 24 Section 11.01 Trustee Bank Fees and Expenses 24 Section 11.02 Indemnification 24 ARTICLE XII. MISCELLANEOUS 25 Section 12.01 Conveyance by the Owner Trustee is Binding 25 Section 12.02 Instructions; Notices 26 Section 12.03 Severability 26 Section 12.04 Limitation of Liability 26 Section 12.05 Separate Counterparts 27 Section 12.06 Successors and Assigns 27 Section 12.07 Headings 27 Section 12.08 Governing Law 27 Section 12.09 Nonpetition Covenants 27 Section 12.10 No Recourse 27 Section 12.11 Acceptance of Terms of Agreement 28
Representations and Warranties of the Beneficiary. 13.1. Each Party has always made all reasonable effort to correctly comply with all statutory, regulatory, judicial and state aid provisions and decisions that apply or applied to them. To the best of their knowledge, each Party also possesses all permits, recognitions, concessions, permissions or other (government) approvals required for the legal execution of all activities performed by them. Each Party executes its activities to the best of their knowledge without violating any condition set to them in one or more of the above-mentioned (government) approvals.
Representations and Warranties of the Beneficiary. The Beneficiary hereby represents and warrants to the Trustee and the other parties hereto that:
Representations and Warranties of the Beneficiary. The Beneficiary hereby represents and warrants to the Trustee as of the Amendment Date and as of the date of each increase in the Invested Amount of the Series 2000 Certificate on or after the Amendment Date that:
Representations and Warranties of the Beneficiary. The Beneficiary hereby makes the ordinary representations and those provided by law (declarations ordinaires et de droit) and makes the specific representations warranties (hereinafter called the "Beneficiary's Representations and Warranties") set forth below. The Beneficiary recognizes and accepts that the Warrantors have entered into the Share Purchase Agreement and the Representations and Warranties Agreement in reliance on the Beneficiary's Representations and Warranties.
Representations and Warranties of the Beneficiary. 11 Section 3.01 Representations and Warranties of the Beneficiary 11 ARTICLE IV. DISTRIBUTIONS OF FUNDS 12 Section 4.01 Distribution of Funds 12 Section 4.02 Payments from Trust Estate Only 12 Section 4.03 Method of Payment 12 Section 4.04 Establishment of Account 13 ARTICLE V. DUTIES OF THE OWNER TRUSTEE 13 Section 5.01 Action Upon Instructions 13 Section 5.02 No Duty to Act Under Certain Circumstances 14 Section 5.03 No Duties Except Under Specified Agreements or Instructions 14 Section 5.04 Trust Operation 15 Section 5.05 Execution of Documents 16
