Representations of the Custodian. The Custodian hereby represents that it is a depository institution subject to supervision or examination by a federal or state authority, has a combined capital and surplus of at least $15,000,000 and is qualified to do business in the jurisdictions in which it will hold any Mortgage File.
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Representations of the Custodian. The Custodian hereby represents and warrants as follows:
(i) It is a national banking association subject to supervision or examination by a federal authority, has a combined capital and surplus of at least $50,000,000 and is qualified to do business in the jurisdiction in which it will hold any Mortgage File;
(ii) It has full power, authority and legal right to execute and deliver this Custodial Agreement and to perform its obligations hereunder and has taken all necessary action to authorize the execution, delivery and performance by it of this Custodial Agreement;
(iii) To the best of its knowledge, after reasonable investigation, the execution and delivery by it of this Custodial Agreement and the performance by it of its obligations hereunder will not violate any provision of its Charter or By-Laws or any law or regulation governing it or any order, writ, judgment or decree of any court, arbitrator or governmental authority or agency applicable to it or any of its assets. To the best of its knowledge, after reasonable investigation, such execution, delivery and performance will not require the authorization, consent or approval of, the giving of notice to, the filing or registration with, or the taking of any other action with respect to, any governmental authority or agency regulating its activities. To the best of its knowledge, after reasonable investigation, such execution, delivery and performance will not conflict with, or result in a breach or violation of, any material indenture, mortgage, deed of trust, lease or other agreement or instrument to which it is a party or by which it or its properties are bound; and
(iv) This Custodial Agreement has been duly executed and delivered by it. This Custodial Agreement, when executed and delivered by the other parties hereto, will constitute its valid, legal and binding obligation, enforceable against it in accordance with its terms, except as the enforcement thereof may be limited by applicable debtor relief laws and that certain equitable remedies may not be available regardless of whether enforcement is sought in equity or at law.
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it has the power and authority to enter into and perform its obligations under this Agreement;
(b) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(c) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Representations of the Custodian. The Custodian hereby represents that it is a depository institution or a trust company subject to supervision by a federal or state authority, has a combined capital and surplus of at least $10,000,000 and is qualified to do business in the jurisdiction in which it will hold any Mortgage File.
Representations of the Custodian. The Custodian hereby represents and warrants to the Fund that:
(a) it is a bank qualified to act as a custodian pursuant to Section 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it is a “U.S. Bank” (as defined in Rule 17f-5 under the 1940 Act);
(c) it has the power and authority to enter into and perform its obligations under this Agreement;
(d) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and
(e) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Representations of the Custodian. The Custodian hereby represents and warrants to the Fund that:
(a) it is qualified to act as a custodian pursuant to Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and
(d) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Representations of the Custodian. The Custodian hereby represents and warrants to the Borrower that:
(i) it is qualified to act as a custodian pursuant to Section 26(a)(1) of the Investment Company Act;
(ii) it has the power and authority to enter into and perform its obligations under this Agreement; and
(iii) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations.
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement; and
(c) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations.
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that it is qualified to act as a custodian pursuant to Section 26(a)(1) of the Investment Company Act of 1940. Section 12.
