Common use of Representations and Warranties of Xxxxx Fargo Clause in Contracts

Representations and Warranties of Xxxxx Fargo. Xxxxx Fargo represents and warrants as follows: (a) Xxxxx Fargo is duly organized and validly existing as a national banking association under the laws of the United States and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations as Cap Trustee hereunder. (b) The execution, delivery and performance of this Agreement by Xxxxx Fargo as Trustee have been duly authorized in the Pooling and Servicing Agreement. (c) This Agreement has been duly executed and delivered by Xxxxx Fargo as Cap Trustee and the Trustee and is enforceable against Xxxxx Fargo in such capacities in accordance with its terms, except as enforceability may be affected by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally, general equitable principles (whether considered in a proceeding in equity or at law).

Representations and Warranties of Xxxxx Fargo. Xxxxx Fargo represents and warrants as follows: (a) Xxxxx Fargo is duly organized and validly existing as a national banking association under the laws of the United States and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations as Cap Trustee Administrator hereunder. (b) The execution, delivery and performance of this Agreement by Xxxxx Fargo as Trustee Administrator and Securities Administrator have been duly authorized in the Pooling and Servicing Agreement. (c) This Agreement has been duly executed and delivered by Xxxxx Fargo as Cap Trustee Administrator and the Trustee Securities Administrator and is enforceable against Xxxxx Fargo in such capacities in accordance with its terms, except as enforceability may be affected by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally, general equitable principles (whether considered in a proceeding in equity or at law).