No Adverse Interest. All interests I or my associates have or will have that are adverse to the Company interests in any pending or contemplated legal proceeding or government investigation to which the Company is or will be a party (or to which its property may be subject) are described below:
No Adverse Interest. The Custodian has not entered into, and hereafter during the term of this Agreement shall not enter into, any agreement granting “Control” (within the meaning of Sections 8-106(d)(2), 9-104 and 9-106 of the NYUCC) with respect to the Custodial Account, the Interest Reserve Account or the Account Property to any Person, other than as set forth in this Agreement. The Custodian has a trust department which in the ordinary course of its business maintains security accounts for others and is acting in that capacity as Custodian under this Agreement.
No Adverse Interest. By execution of this Agreement, each of Disbursement Agent and Custodian represent and warrant that it currently holds, and during the existence of this Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage Loan, and hereby waives and releases any such interest which it may have in any Mortgage Loan as of the date hereof. The Mortgage Loans shall not be subject to any security interest, lien or right to set-off by Custodian, Disbursement Agent or any third party claiming through Custodian or Disbursement Agent, and neither Custodian nor Disbursement Agent shall pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage Loans.
No Adverse Interest. By execution of this Agreement, Custodian represents and warrants that it currently holds, and during the existence of this Agreement shall hold, no adverse interest, by way of security or otherwise, in any Purchased Asset, and hereby waives and releases any such interest which it may have in any Purchased Asset as of the date hereof. The Purchased Assets shall not be subject to any security interest, lien or right to set-off by Custodian or any third party claiming through Custodian and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Purchased Assets.
No Adverse Interest. Do or will you or any of your associates have any interests that are adverse to the Company interests in any pending or contemplated legal proceeding or government investigation to which the Company is or will be a party (or to which its property may be subject)? ¨ Yes ¨ No If yes, please describe such interests below:
No Adverse Interest. By execution of this Agreement, the Custodian represents and warrants that (in its capacity as Custodian) it currently holds, and during the period that such Loans are held pursuant to this Agreement shall hold, no adverse interest, by way of security or otherwise, in any Loan, and hereby waives and releases any such interest which it may have in any Loan as of the date hereof. The Loans shall not be subject to any security interest, lien or right to set-off by Custodian or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Loans. Subject to the foregoing, nothing in this Agreement shall be deemed to require Custodian to determine whether there are any prior or adverse interests in any Loan, including, without limitation, interests for which Custodian may act as agent; provided, however, that (i) nothing in this sentence shall be deemed to relieve Custodian from any duties assigned to it hereunder with respect to such Loan, and (ii) Custodian shall promptly notify Lender if an Authorized Representative of Custodian receives written notice of any prior or adverse interests in any Loan.
No Adverse Interest. The WM Partnership Shares have been issued (and the WM Option Shares will when issued be) free and clear of all liens, claims, encumbrances and restrictions, except that the WM Shares (i) have not been registered under either state or federal securities laws and, therefore, the transferability of the WM Shares is restricted as provided by such laws, (ii) are subject to the right of first refusal and other restrictions specified in the Relationship Agreement or in ServiceMaster's Partnership Agreement.
No Adverse Interest. The WM Consumer Shares have been conveyed to ServiceMaster free and clear of all liens, claims, encumbrances and restrictions, except that (i) the WM Consumer Shares are subject to the restrictions specified in the partnership agreement governing ServiceMaster Consumer Services and restrictions on resale under securities laws and (ii) no warranty is made with respect to any liens, claims, encumbrances and restrictions to which such shares may have become subject before they were issued to WMUS (provided that WMX warrants that it has no knowledge of any such preexisting liens, claims, encumbrances or restrictions).
No Adverse Interest. 27 Section 13 Indemnification................................................................................ 27
No Adverse Interest. By execution of this Custodial Agreement, each of Disbursement Agent and Custodian represent and warrant that it currently holds, and during the period that such Assets are held pursuant to this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Asset, and hereby waives and releases any such interest which it may have in any Asset as of the date hereof. The Assets shall not be subject to any security interest, lien or right to set-off by Custodian, Disbursement Agent or any third-party claiming through Custodian or Disbursement Agent, and neither Custodian nor Disbursement Agent shall pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third-party interest in the Assets.
