Representations and Warranties of Trustee. The Trustee shall make the following representations and warranties on which the Depositor and Certificateholders shall be deemed to rely: (i) The Trustee is a banking corporation duly organized, validly existing and in good standing under the laws of its place of incorporation. (ii) The Trustee has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under, this Agreement, and shall have taken all necessary action to authorize the execution and delivery of, and the performance of its obligations under, this Agreement. (iii) This Agreement shall have been duly executed and delivered by the Trustee.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Inc), Pooling and Servicing Agreement (National City Bank /), Pooling and Servicing Agreement (Usaa Acceptance LLC)
Representations and Warranties of Trustee. The Trustee shall make the following representations and warranties on which the Depositor and Certificateholders shall be deemed to rely:
(i) The Trustee is a banking corporation duly organized, validly existing and in good standing under the laws of its place the State of incorporationNew York.
(ii) The Trustee has full corporate power, authority and legal right to execute execute, deliver and deliver, and to perform its duties and obligations under, this under the Agreement, and shall have taken all necessary action to authorize the execution execution, delivery and delivery of, and performance by it of the performance of its obligations under, this Agreement.
(iii) This The Agreement shall have been duly executed and delivered by the Trustee.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Nationscredit Securitization Corp), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2)
Representations and Warranties of Trustee. The Trustee shall make the following representations and warranties on which the Depositor Seller and Certificateholders shall be deemed to rely:
(ia) The Trustee is a New York banking corporation duly organized, validly existing and in good standing under the laws of its place of incorporation.
(iib) The Trustee has full corporate power, authority and legal right to execute execute, deliver and deliver, and to perform its obligations under, this Agreement, Agreement and shall have taken all necessary action to authorize the execution execution, delivery and delivery of, and the performance by it of its obligations under, this Agreement.
(iiic) This Agreement shall have been duly executed and delivered by the TrusteeTrustee and shall be enforceable against the Trustee in accordance with its terms.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Asta Funding Inc), Servicing Agreement (Asta Funding Inc)
Representations and Warranties of Trustee. The ----------------------------------------- Trustee shall make the following representations and warranties on which the Depositor Seller and Certificateholders shall be deemed to rely:
(i) The Trustee is a national banking corporation association duly organized, validly existing and in good standing under the laws of its place of incorporationorganization.
(ii) The Trustee has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under, this Agreementthe Agreement as Trustee, and shall have taken all necessary action to authorize the execution and delivery of, and the performance of its obligations under, this the Agreement.
(iii) This The Agreement shall have been duly executed and delivered by the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Representations and Warranties of Trustee. The Trustee shall make the following representations and warranties on which the Depositor and Certificateholders shall be deemed to rely:
(i) The Trustee is a banking corporation duly organized, validly existing and in good standing under the laws of its place the State of incorporationNew York.
(ii) The Trustee has full corporate power, authority and legal right to execute execute, deliver and deliver, and to perform its duties and obligations under, under this Agreement, and shall have taken all necessary action to authorize the execution execution, delivery and delivery of, and the performance by it of its obligations under, this Agreement.
(iii) This Agreement shall have been duly executed and delivered by the Trustee.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee shall make the following representations and warranties on which the Depositor Representative, the Seller and Certificateholders shall be deemed to rely:
(i) The Trustee is a banking corporation duly organized, validly existing and in good standing under the laws of its place of incorporation.
(ii) The Trustee has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under, this Agreementthe Agreement as Trustee and Collateral Agent, and shall have taken all necessary action to authorize the execution and delivery of, and the performance of its obligations under, this the Agreement.
(iii) This The Agreement shall have been duly executed and delivered by the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FCC Receivables Corp)
Representations and Warranties of Trustee. The Trustee shall make the following representations and warranties on which the Depositor Seller and Certificateholders shall be deemed to rely:
(i) The Trustee is a banking corporation duly organized, validly existing and in good standing under the laws of its place of incorporation.
(ii) The Trustee has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under, this the Agreement, and shall have taken all necessary action to authorize the execution and delivery of, and the performance of its obligations under, this the Agreement.
(iii) This The Agreement shall have been duly executed and delivered by the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (World Omni Auto Receivables LLC)
Representations and Warranties of Trustee. The Trustee ----------------------------------------- shall make the following representations and warranties on which the Depositor and Certificateholders shall be deemed to rely:
(i) The Trustee is a banking corporation duly organized, validly existing and in good standing under the laws of its place of incorporation.
(ii) The Trustee has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under, this Agreement, and shall have taken all necessary action to authorize the execution and delivery of, and the performance of its obligations under, this Agreement.
(iii) This Agreement shall have been duly executed and delivered by the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)
Representations and Warranties of Trustee. The Trustee ----------------------------------------- shall make the following representations and warranties on which the Depositor Seller and Certificateholders shall be deemed to rely:
(i) The Trustee is a national banking corporation association duly organized, validly existing and in good standing under the laws of its place of incorporationthe United States.
(ii) The Trustee has full corporate power, authority and legal right to execute and deliver, and to perform its obligations under, this AgreementAgreement as Trustee, and shall have taken all necessary action to authorize the execution and delivery of, and the performance of its obligations under, this Agreement.
(iii) This Agreement shall have been duly executed and delivered by the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)