Representations of the Trustee. The Trustee represents and warrants to HVF III that the Trustee satisfies the requirements for a trustee set forth in paragraph (a)(4)(i) of Rule 3a-7 under the Investment Company Act.
Representations of the Trustee. AND THE ADMINISTRATIVE AGENT
Representations of the Trustee. The Trustee hereby represents and warrants that it is duly authorized to execute and deliver this First Supplemental Indenture, authenticate the Securities and perform its obligations hereunder and that the statements made by it in a Statement of Eligibility on Form T-1, if any, supplied to the Company are true and accurate subject to the qualifications set forth therein.
Representations of the Trustee. The Trustee represents that (a) it is a national banking association duly organized and validly existing under the laws of the United States and is qualified to exercise trust powers under the laws of the State; (b) it is not in violation of or in conflict with any provisions of the laws of the State or of the United States of America applicable to the Trustee which would impair its ability to carry out its obligations contained in this Agreement or the other Operative Documents to which it is a party; (c) it is legally empowered to enter into and perform the transactions contemplated by this Agreement and the other Operative Documents to which it is a party; (d) it has by all necessary corporate action authorized the execution, delivery and performance of this Agreement and the other Operative Documents to which it is a party; (e) this Agreement and the other Operative Documents to which it is a party, when executed and delivered by the Trustee, will constitute the legal, valid and binding obligation of the Trustee, enforceable against it in accordance with their respective terms, except as enforceability may be limited by the application of bankruptcy, insolvency, reorganization, moratorium, liquidation, fraudulent conveyance and other similar laws and equitable principles now or hereafter in effect or enacted respecting creditors’ rights or remedies generally; and (f) it will take all necessary action to remain in good standing and duly authorized to exercise corporate trust powers in the State.
Representations of the Trustee. The Trustee hereby represents and warrants that it meets statutory requirements for firms acting as Trustees as communicated in writing to the Trustee by Tarion on or before the date of this Agreement.
Representations of the Trustee. The Trustee hereby represents and warrants to the Issuer and the State Treasurer as follows:
Representations of the Trustee. The Trustee hereby represents and warrants to the Corporation as follows:
Representations of the Trustee. As of the date hereof, the Trustee represents and warrants to the Class D-2 Purchaser that:
Representations of the Trustee. The Trustee understands that the issuance of the Restricted Shares is intended to be exempt from registration under the Securities Act by virtue of §4(2) and represents and warrants that: (i) he is aware that the Restricted Shares are not registered under the Securities Act or the securities or “blue sky” laws of any state or jurisdiction; (ii) he understands that the Restricted Shares cannot be resold unless they are registered under the Securities Act or unless an exemption from registration is available and represents that he is acquiring the Restricted Shares for investment and not for immediate resale; and (iii) he acknowledges that the Restricted Shares will be treated as taxable income to him under the Code.
Representations of the Trustee. The Trustee represents and warrants that the execution of this Loan Agreement has been lawfully authorized by all requisite corporation action of the Trustee and the officers executing this Loan Agreement on behalf of the Trustee are the officers indicated by their titles subscribed beneath their names and are authorized to execute this Loan Agreement on behalf of the Trustee.
