Representations and Warranties of Trust Collateral Agent and the Custodian. The Custodian and the Trust Collateral Agent shall make the following representations and warranties with respect to itself on which the Transferor, the Servicer, the Originator, the Issuer, the Note Insurer and Noteholders shall rely: (i) The Custodian and the Trust Collateral Agent are a New York banking corporation, duly organized, validly existing, and in good standing under the laws of the State of New York and have the corporate power, authority and legal right to hold the Legal Files. (ii) The Custodian and the Trust Collateral Agent have full corporate power authority and legal right to execute, deliver, and perform this Agreement and shall have taken all necessary action to authorize the execution, delivery and performance by it of this Agreement. (iii) This Agreement has been duly executed and delivered by the Trust Collateral Agent and the Custodian and constitutes a legal, valid and binding obligation of the Trust Collateral Agent and the Custodian, enforceable in accordance with its terms, subject to (x) applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affection creditor's rights generally and (y) general principals of equity.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Long Beach Holdings Corp), Sale and Servicing Agreement (Long Beach Holdings Corp), Sale and Servicing Agreement (Long Beach Holdings Corp)
Representations and Warranties of Trust Collateral Agent and the Custodian. The Custodian and the Trust Collateral Agent shall make the following representations and warranties with respect to itself on which the Transferor, the Servicer, the Originator, the Issuer[, the Note Insurer Insurer] and Noteholders shall rely:
(i) The Custodian and the Trust Collateral Agent are a New York banking corporation[type of entity], duly organized, validly existing, and in good standing under the laws of the State of New York _______________ and have the corporate power, authority and legal right to hold the Legal Files.
(ii) The Custodian and the Trust Collateral Agent have full corporate power authority and legal right to execute, deliver, and perform this Agreement and shall have taken all necessary action to authorize the execution, delivery and performance by it of this Agreement.
(iii) This Agreement has been duly executed and delivered by the Trust Collateral Agent and the Custodian and constitutes a legal, valid and binding obligation of the Trust Collateral Agent and the Custodian, enforceable in accordance with its terms, subject to (x) applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affection creditor's rights generally and (y) general principals of equity.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Corp)
Representations and Warranties of Trust Collateral Agent and the Custodian. The Custodian and the Trust Collateral Agent shall make the following representations and warranties with respect to itself on which the Transferor, the Servicer, the Originator, the Issuer, the Note Insurer and Noteholders shall rely:
(i) The Custodian and the Trust Collateral Agent are a New York banking corporationcorporations, duly organized, validly existing, and in good standing under the laws of the State of New York and have the corporate power, authority and legal right to hold the Legal Files.
(ii) The Custodian and the Trust Collateral Agent have full corporate power authority and legal right to execute, deliver, and perform this Agreement and shall have taken all necessary action to authorize the execution, delivery and performance by it of this Agreement.
(iii) This Agreement has been duly executed and delivered by the Trust Collateral Agent and the Custodian and constitutes a legal, valid and binding obligation of the Trust Collateral Agent and the Custodian, enforceable in accordance with its terms, subject to (x) applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affection creditor's affecting creditors' rights generally and (y) general principals of equity.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp), Sale and Servicing Agreement (Long Beach Acceptance Corp)
Representations and Warranties of Trust Collateral Agent and the Custodian. The Custodian and the Trust Collateral Agent shall make the following representations and warranties with respect to itself on which the Transferor, the Servicer, the Originator, the Issuer, the Note Insurer and Noteholders shall rely:
(i) The Custodian and the Trust Collateral Agent are a New York banking corporation, duly organized, validly existing, and in good standing under the laws of the State of New York and have the corporate powerpowewr, authority and legal right to hold the Legal Files.
(ii) The Custodian and the Trust Collateral Agent have full corporate power authority and legal right to execute, deliver, and perform this Agreement and shall have taken all necessary action to authorize the execution, delivery and performance by it of this Agreement.
(iii) This Agreement has been duly executed and delivered by the Trust Collateral Agent and the Custodian and constitutes a legal, valid and binding obligation of the Trust Collateral Agent and the Custodian, enforceable in accordance with its terms, subject to (x) applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affection creditor's rights generally and (y) general principals of equity.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)