Marks Company definition

Marks Company means Trinity Marks Company, a Delaware statutory trust.

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Marks Company shall have the meaning assigned thereto in Section 6.4 of ------------- the Management Agreement.

Marks Company means Trinity Marks Company, a Delaware statutory trust, and its successors. “Marks Company Delaware Trustee” means Wilmington Trust Company, in its capacity as Delaware trustee for the Marks Company, and its successor or successors in such capacity. “Marks Company Interests” means all beneficial interests, including, without limitation all special units of beneficial interests, now or hereafter issued to or for the benefit of the Borrower representing the right of the Borrower to receive payments of all Railroad Mileage Credits received by the Marks Company in respect of Portfolio Railcars. “Marks Company Servicing Agreement” means the Management and Servicing Agreement dated as of May 17, 2001 between TILC and the Marks Company, as amended by the First Amendment to the Management and Servicing Agreement, dated as of December 28, 2001, between TILC and the Marks Company. “Marks Company Trust Agreement” means the Second Amended and Restated Marks Company Trust Agreement dated as of May 17, 2001 between TILC, as Settlor, UTI Trustee and Initial Beneficiary, and Wilmington Trust Company, as Delaware Trustee. “Material Adverse Effect” means, with respect to any Facility Party, any event or circumstance which will have a material adverse effect, individually or in the aggregate with other events or circumstances, on (i) the operations, business, properties or condition (financial or otherwise) of any Facility Party (after taking into account any applicable insurance and any applicable indemnification (to the extent the provider of such insurance or indemnification has the financial ability to support its obligations with respect thereto and is not disputing or refusing to

Examples of Marks Company in a sentence

• Wolz, Assistant Counsel to the Pass Through Trustee, sub▇▇▇▇▇▇▇▇▇▇ ▇▇ the form of Exhibit E-10 and (xi) Morris, James, Hitchens & Williams, counsel for the Marks Company Trust, substantially in th▇ ▇▇▇▇ ▇f Exhibit E-11.

• As of the Transfer Date of each Transferred Railcar, the Seller has caused the Marks Company Interests with respect to the Marks on such Railcar to be issued to the Buyer by the Marks Company.

• The railcar identification marks listed on Schedule A to each ▇▇▇▇ of Sale for each Railcar listed therein are the Marks used on such Railcars as of the Transfer Date of such Railcar, and each such ▇▇▇▇ is as of such Transfer Date owned of record by the Marks Company.

• The documents related to the Marks Company, the 2004-1A SUBI Certificate related to the Marks Company, the Other Participation Agreements and the Other Trust Agreements shall have been executed and delivered by the respective parties thereto.

• The documents related to the Marks Company, the 2003-1C SUBI Certificate related to the Marks Company, the Other Participation Agreement and the Other Trust Agreement shall have been executed and delivered by the respective parties thereto.

• The Company Registered Domain Names, the Company Registered Marks, Company Patents and the Company Registered Copyrights are referred to herein as the "Company Registered IP." Schedule 5.11(a)-5 lists all other Company owned intellectual property.

• The Agent shall have received evidence satisfactory to it in its reasonable discretion that the Trinity Marks relating to the Railcars to be funded on such date have been added to the separate portfolio of trust assets of the Marks Company referred to in Section 4.01(h)(i).

• The Agent shall have received evidence satisfactory to it in its reasonable discretion that the Trinity Marks relating to the Railcars to be funded on such date have been added to the separate portfolio of trust assets of the Marks Company.

• In fact, Member acknowledges that as part of the licensing agreement pursuant to which Company has acquired rights in the Marks, Company has also entered into a management agreement with FloorExpo to provide many, if not all, of the services to be performed by Company hereunder.

• On the Closing Date, there shall be no actions, suits, proceedings or investigations pending or threatened (i) with respect to this Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, (ii) against the Borrower or (iii) against Trinity, the Servicer or the Marks Company and which the Agent shall determine could reasonably be expected to have a Material Adverse Effect.