Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that: (i) the Trustee is a national banking association with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws of the United States; (ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes; (iii) this Indenture has been duly executed and delivered by the Trustee; and (iv) the Trustee meets the requirements of eligibility hereunder set forth in Section 11.9.
Appears in 9 contracts
Samples: Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties Noteholders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8(a).
Appears in 8 contracts
Samples: Base Indenture (Twin Hospitality Group Inc.), Base Indenture (Fat Brands, Inc), Base Indenture (Fat Brands, Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers and the Secured Parties Noteholders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8(a).
Appears in 5 contracts
Samples: Base Indenture (Dine Brands Global, Inc.), Base Indenture Amendment (Driven Brands Holdings Inc.), Amendment No. 5 to the Amended and Restated Base Indenture (Driven Brands Holdings Inc.)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers and the Secured Parties Noteholders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Related Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8(a).
Appears in 4 contracts
Samples: Sixth Supplement to Amended and Restated Base Indenture (Dominos Pizza Inc), Base Indenture (DineEquity, Inc), Base Indenture (Iconix Brand Group, Inc.)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers corporation duly organized, existing and authorized to engage in the business of banking under the Laws of the United StatesState of New York;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility hereunder set forth in Section 11.9.
Appears in 2 contracts
Samples: Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws laws of the United StatesStates of America;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.912.9.
Appears in 2 contracts
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer ZVF and the Secured Parties Indenture Noteholders that:
(i) the The Trustee is a national New York banking association with trust powers corporation, duly organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United StatesState of New York;
(ii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Indenture Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Indenture Notes;
(iii) this This Base Indenture has been duly executed and delivered by the Trustee; and
(iv) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8.
Appears in 2 contracts
Samples: Base Indenture (Zipcar Inc), Base Indenture (Zipcar Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Master Issuer and the Secured Parties Noteholders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Related Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8(a).
Appears in 2 contracts
Samples: Base Indenture (Wendy's Co), Base Indenture (Dunkin' Brands Group, Inc.)
Representations and Warranties of Trustee. 4140-8886-1733.4 . The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws of the United States;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility hereunder set forth in Section 11.9.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer HVF and the Secured Parties Indenture Noteholders that:
(i) the The Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United StatesState of New York;
(ii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Indenture Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Indenture Notes;
(iii) this This Indenture has been duly executed and delivered by the Trustee; and
(iv) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer CPF and the Secured Parties that:
(i) the The Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(ii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and the Series Supplement for any Series Supplement of Notes issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and the Series Supplement for any Series Supplement of Notes issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this This Base Indenture has been duly executed and delivered by the Trustee; and
(iv) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws laws of the United StatesStates of America;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility hereunder set forth in Section 11.9.
Appears in 1 contract
Samples: Base Indenture (Conns Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Master Issuer and the Secured Parties Holders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Related Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.08(a).
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association corporationassociation with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws of the United State of New YorkUnited States;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility hereunder set forth in Section 11.9.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer HVF II and the Secured Parties Noteholders that:
(i) the The Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United StatesStates of America;
(ii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this This Base Indenture has been duly executed and delivered by the Trustee; and;
(iv) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.97.8; and
(v) The Trustee shall remain primarily liable for the actions of any co-trustees.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer HVF and the Secured Parties Indenture Noteholders that:
(i) the The Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United StatesStates of America;
(ii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Indenture Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Indenture Notes;
(iii) this This Indenture has been duly executed and delivered by the Trustee; and
(iv) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Master Issuer and the Secured Parties Holders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Related Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8(a).
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws laws of the United StatesStates of America;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.911.9 hereof.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers duly organized, existing and authorized to engage in the business of banking under the Laws of the United States;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture has been duly executed and delivered by the Trustee; andand 4866-9982-4145.5
(iv) the Trustee meets the requirements of eligibility hereunder set forth in Section 11.9.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Secured Parties that:
(i) the Trustee is a national banking association with trust powers corporation duly organized, existing and authorized to engage in the business of banking under the Laws laws of the United StatesState of New York;
(ii) the Trustee has full power, authority and right to execute, deliver and perform this Base Master Trust Indenture and any Series Supplement and each other Transaction Document to which it is a party issued concurrently with this Base Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Master Trust Indenture and any Series Supplement issued concurrently with this Base Indenture and to authenticate the Notes;
(iii) this Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(iv) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.9.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers and the Secured Parties Noteholders that:
(ia) the Trustee is a national banking association with trust powers duly association, organized, existing and authorized to engage in the business of banking good standing under the Laws laws of the United States;
(iib) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture and Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Related Document and to authenticate the Notes;
(iiic) this Base Indenture and each other Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(ivd) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 11.910.8(a).
Appears in 1 contract
Samples: Base Indenture (Sonic Corp)