Common use of Representations, Warranties and Covenants of Indenture Trustee Clause in Contracts

Representations, Warranties and Covenants of Indenture Trustee. The Indenture Trustee represents and warrants to the Issuer and the Noteholders that: (i) The Indenture Trustee is a national banking association that has been duly organized and is validly existing under the laws of the United States of America; (ii) The Indenture Trustee has full power, authority and right to execute, deliver and perform this Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Indenture and to authenticate the Notes; (iii) This Indenture has been duly executed and delivered by the Indenture Trustee; and (iv) The Indenture Trustee meets the requirements of eligibility as an Indenture Trustee hereunder set forth in Section 10.9. Except as otherwise provided in Section 10.3(c), the Indenture Trustee covenants and agrees that during the term of this Indenture it shall execute any trusts or powers hereunder or perform duties hereunder directly and not through any agents, bailees and nominees (other than as Custodian as provided in the Master Repurchase Agreement).

Representations, Warranties and Covenants of Indenture Trustee. The Indenture Trustee represents and warrants to the Issuer and the Noteholders that: (i) The Indenture Trustee is a national banking association that has been duly organized and is validly existing under the laws of the United States of America; (ii) The Indenture Trustee has full power, authority and right to execute, deliver and perform this Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Indenture and to authenticate the Notes; (iii) This Indenture has been duly executed and delivered by the Indenture Trustee; and (iv) The Indenture Trustee meets the requirements of eligibility as an Indenture Trustee hereunder set forth in Section 10.9. Except as otherwise provided in Section 10.3(c), the Indenture Trustee covenants and agrees that during the term of this Indenture it shall execute any trusts or powers hereunder or perform duties hereunder directly and not through any agents, bailees and nominees (other than as Custodian Collateral Agent as provided in the Master Repurchase Agreement).