Common use of Additional Representations and Warranties of the Indenture Trustee Clause in Contracts

Additional Representations and Warranties of the Indenture Trustee. The Indenture Trustee shall be deemed to represent to National City, as of the date on which information is provided to National City under Section 1503 that, except as disclosed in writing to National City prior to such date: (i) neither the execution or the delivery by the Indenture Trustee of this Indenture or any Indenture Supplement, the performance by the Indenture Trustee of its obligations under this Indenture or any Indenture Supplement nor the consummation of any of the transactions by the Indenture Trustee contemplated thereby, is in violation of any indenture, mortgage, bank credit agreement, note or bond purchase agreement, long-term lease, license or other agreement or instrument to which the Indenture Trustee is a party or by which it is bound, which violation would have a material adverse effect on the Indenture Trustee's ability to perform its obligations under this Indenture or any Indenture Supplement, or of any judgment or order applicable to the Indenture Trustee; and (ii) there are no proceedings pending or threatened against the Indenture Trustee in any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would have a material adverse effect on the right, power and authority of the Indenture Trustee to enter into this Indenture or any Indenture Supplement or to perform its obligations under this Indenture or any Indenture Supplement.

Additional Representations and Warranties of the Indenture Trustee. The Indenture Trustee shall be deemed to represent to National Citythe Transferor, as of the date on which information is provided to National City the Transferor under Section 1503 13.03 that, except as disclosed in writing to National City the Transferor prior to such datedate to the best of its knowledge: (i) neither the execution or the execution, delivery and performance by the Indenture Trustee of this Indenture or any Indenture Supplementother Transaction Document, the performance by the Indenture Trustee of its obligations under this Indenture or any Indenture Supplement other Transaction Document nor the consummation of any of the transactions by the Indenture Trustee contemplated thereby, is in violation of any indenture, mortgage, bank credit agreement, note or bond purchase agreement, long-term lease, license or other agreement or instrument to which the Indenture Trustee is a party or by which it is bound, which violation would have a material adverse effect on the Indenture Trustee's ’s ability to perform its obligations under this Indenture or any Indenture Supplementother Transaction Document, or of any judgment or order applicable to the Indenture Trustee; and (ii) there are no proceedings pending or threatened against the Indenture Trustee in any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would have a material adverse effect on the right, power and authority of the Indenture Trustee to enter into this Indenture or any Indenture Supplement other Transaction Document or to perform its obligations under this Indenture or any Indenture SupplementTransaction Document.

Additional Representations and Warranties of the Indenture Trustee. The Indenture Trustee shall be deemed to represent to National Citythe Transferor, as of the date on which information is provided to National City the Transferor under Section 1503 14.03 that, except as disclosed in writing to National City the Transferor prior to such datedate to the best of its knowledge: (i) neither the execution or the execution, delivery and performance by the Indenture Trustee of this Indenture or any Indenture Supplementother Transaction Document, the performance by the Indenture Trustee of its obligations under this Indenture or any Indenture Supplement other Transaction Document nor the consummation of any of the transactions by the Indenture Trustee contemplated thereby, is in violation of any indenture, mortgage, bank credit agreement, note or bond purchase agreement, long-term lease, license or other agreement or instrument to which the Indenture Trustee is a party or by which it is bound, which violation would have a material adverse effect on the Indenture Trustee's ’s ability to perform its obligations under this Indenture or any Indenture Supplementother Transaction Document, or of any judgment or order applicable to the Indenture Trustee; and (ii) there are no proceedings pending or threatened against the Indenture Trustee in any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would have a material adverse effect on the right, power and authority of the Indenture Trustee to enter into this Indenture or any Indenture Supplement other Transaction Document or to perform its obligations under this Indenture or any Indenture Supplementother Transaction Document.

Additional Representations and Warranties of the Indenture Trustee. The Indenture Trustee shall be deemed to represent to National Citythe Transferor, as of the date on which information is provided to National City the Transferor under Section 1503 13.03 that, except as disclosed in writing to National City the Transferor prior to such datedate to the best of its knowledge: (i) neither the execution or the execution, delivery and performance by the Indenture Trustee of this Indenture or any Indenture Supplementother Transaction Document, the performance by the Indenture Trustee of its obligations under this Indenture or any Indenture Supplement other Transaction Document nor the consummation of any of the transactions by the Indenture Trustee contemplated thereby, is in violation of any indenture, mortgage, bank credit agreement, note or bond purchase agreement, long-term lease, license or other agreement or instrument to which the Indenture Trustee is a party or by which it is bound, which violation would have a material adverse effect on the Indenture Trustee's ability to perform its obligations under this Indenture or any Indenture Supplementother Transaction Document, or of any judgment or order applicable to the Indenture Trustee; and (ii) there are no proceedings pending or threatened against the Indenture Trustee in any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would have a material adverse effect on the right, power and authority of the Indenture Trustee to enter into this Indenture or any Indenture Supplement other Transaction Document or to perform its obligations under this Indenture or any Indenture SupplementTransaction Document.

Additional Representations and Warranties of the Indenture Trustee. The Indenture Trustee shall be deemed to represent to National Citythe Transferor, as of the date on which information is provided to National City the Transferor under Section 1503 that, except as disclosed in writing to National City the Transferor prior to such date: (i) neither the execution or the delivery by the Indenture Trustee of this Indenture or any Indenture Supplement, the performance by the Indenture Trustee of its obligations under this Indenture or any Indenture Supplement nor the consummation of any of the transactions by the Indenture Trustee contemplated thereby, is in violation of any indenture, mortgage, bank credit agreement, note or bond purchase agreement, long-term long‑term lease, license or other agreement or instrument to which the Indenture Trustee is a party or by which it is bound, which violation would have a material adverse effect on the Indenture Trustee's ability to perform its obligations under this Indenture or any Indenture Supplement, or of any judgment or order applicable to the Indenture Trustee; and (ii) there are no proceedings pending or threatened against the Indenture Trustee in any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would have a material adverse effect on the right, power and authority of the Indenture Trustee to enter into this Indenture or any Indenture Supplement or to perform its obligations under this Indenture or any Indenture Supplement.

Additional Representations and Warranties of the Indenture Trustee. The Indenture Trustee shall be deemed to represent to National Citythe Transferor, as of the date on which information is provided to National City the Transferor under Section 1503 13.03 that, except as disclosed in writing to National City the Transferor prior to such datedate to the best of its knowledge: (i) neither the execution or the execution, delivery and performance by the Indenture Trustee of this Indenture or any Indenture Supplementother Transaction Document, the performance by the Indenture Trustee of its obligations under this Indenture or any Indenture Supplement other Transaction Document nor the consummation of any of the transactions by the Indenture Trustee contemplated thereby, is in violation of any indenture, mortgage, bank credit agreement, note or bond purchase agreement, long-term lease, license or other agreement or instrument to which the Indenture Trustee is a party or by which it is bound, which violation would have a material adverse effect on the Indenture Trustee's ’s ability to perform its obligations under this Indenture or any Indenture Supplementother Transaction Document, or of any judgment or order applicable to the Indenture Trustee; and (ii) there are no proceedings pending or threatened against the Indenture Trustee in any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would have a material adverse effect on the right, power and authority of the Indenture Trustee to enter into this Indenture or any Indenture Supplement other Transaction Document or to perform its obligations under this Indenture or any Indenture Supplementother Transaction Document.