Representations and Warranties of the Collateral Agent. The Collateral Agent in its individual capacity and as Collateral Agent represents and warrants as follows:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the Pledgor and the Trust that:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the Issuer and to each Issuer Secured Party as follows:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the Seller and to each Secured Party as follows:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to, and covenants with, the Trust, the Servicer, the Indenture Trustee and the Note Purchaser that, on the date hereof:
(a) The Collateral Agent is (i) a New York banking association duly organized, validly existing and in good standing under the laws of New York and (ii) duly qualified and in good standing and in possession of all requisite authority, power, licenses, permits and franchises in order to execute, deliver and comply with its obligations under the terms of this Agreement.
(b) The Collateral Agent has all requisite right, power and authority to execute and deliver this Agreement and to perform all of its duties as the Collateral Agent hereunder.
(c) The execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate action on the part of the Collateral Agent, and neither the execution and delivery of this Agreement by the Collateral Agent in the manner contemplated herein nor the Collateral Agent's performance of and compliance with the terms hereof will violate, contravene or create a default under any charter document or bylaw of the Collateral Agent or any contract, agreement, or instrument to which the Collateral Agent or by which any of its property may be bound or result in the creation of any lien, security interest or other charge or encumbrance upon or with respect to any of its property.
(d) Neither the execution and delivery of this Agreement by the Collateral Agent, not its performance of and compliance with its obligations and covenants hereunder, require the consent or approval of any governmental authority or, if such consent or approval is required, it has been obtained.
(e) This Agreement, and the original Trust Receipts issued hereunder, when executed and delivered by the Collateral Agent, will constitute valid, legal and binding obligations of the Collateral Agent, enforceable against the Collateral Agent in accordance with their respective terms, except as the enforcement thereof may be limited by applicable debtor relief laws and that certain equitable remedies may not be available regardless of whether enforcement is sought in equity or at law.
(f) The Collateral Agent does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement.
(g) There is no litigation pending or, to the best of the Collateral Agent's knowledge after due inquiry, threatened which, if d...
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the other parties hereto, in its individual capacity, on and as of the Closing Date and on each date as required by Section 3.1, that:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the Trust Depositor and to the Secured Party in its capacity as Collateral Agent as follows:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants for the benefit of the other parties to this Indenture and Credit Agreement that:
(i) the Collateral Agent is a national banking association with trust powers, duly and validly existing under the laws of the United States of America, with corporate power and authority to execute, deliver and perform its obligations under this Indenture and Credit Agreement, the Securities Account Control Agreement and the Servicing Agreement, and is duly eligible and qualified to act as Collateral Agent under this Indenture and Credit Agreement, the Securities Account Control Agreement and the Servicing Agreement;
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the Transferor and to each Secured Party as follows:
Representations and Warranties of the Collateral Agent. The Collateral Agent represents and warrants to the Issuer and the Secured Parties that it has been duly organized and is validly existing and in good standing under the laws of the State of New York and that this Security Agreement has been duly authorized, executed and delivered by it.
