Common use of Representations and Warranties Regarding the Trust Depositor Clause in Contracts

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders that:

Appears in 42 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B)

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Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders that:

Appears in 27 contracts

Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2004-2), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee Trustee, the Noteholders and the Noteholders Certificateholder that:

Appears in 8 contracts

Samples: Transfer and Servicing Agreement (Orix Credit Alliance Receivables Trust 1999-A), Sale and Servicing Agreement (Fidelity Leasing Inc), Transfer and Servicing Agreement (Orix Credit Alliance Receivables Trust 2000-A)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee Trustee, the Securityholders and the Noteholders Hedge Counterparties that:

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders Seller that:

Appears in 7 contracts

Samples: Sale and Contribution Agreement (Hercules Capital, Inc.), Sale and Contribution Agreement (Horizon Technology Finance Corp), Sale and Contribution Agreement (Hercules Capital, Inc.)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the The Trust Depositor represents and warrants to the Trust, the Indenture Trustee Issuer and the Noteholders Trustee that:

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the Trust Depositor represents and warrants to [the Underlying Trust,] the Trust, the Indenture Trustee and the Noteholders that:

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.), Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.), Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders Certificateholders that:

Appears in 4 contracts

Samples: Agreement (Eaglemark Inc), Pooling and Servicing Agreement (Eaglemark Inc), Pooling and Servicing Agreement (Eaglemark Inc)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee Trustee, the Holders and the Noteholders Swap Counterparties that:

Appears in 4 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the TrustOwner Trustee, the Indenture Trustee Trustee, the Noteholders and the Noteholders Certificateholders that:

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Eaglemark Inc), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Eaglemark Inc)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders Originator that:

Appears in 2 contracts

Samples: Commercial Loan Sale Agreement (NewStar Financial, Inc.), Loan Sale Agreement (MCG Capital Corp)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the Trust Depositor represents and warrants to the Underlying Trust, the Trust, the Indenture Trustee and the Noteholders that:

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2016-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2016-A)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders Originator that:

Appears in 2 contracts

Samples: Commercial Loan Sale Agreement (NewStar Financial, Inc.), Commercial Loan Sale Agreement (NewStar Financial, Inc.)

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Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee and the Noteholders Securityholders that:

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (Capitalsource Inc)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the The Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee and the Noteholders Securityholders that:

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, the Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee and Trustee, the Noteholders Securityholders that:

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ares Capital Corp)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee Trustee, the Noteholders and the Noteholders Certificateholders that:

Appears in 1 contract

Samples: Sale and Servicing Agreement (Heller Funding Corp)

Representations and Warranties Regarding the Trust Depositor. 3.1 By its execution of this Agreement, the Commercial Loan Sale Agreement and each Subsequent Purchase Agreement or Subsequent Transfer Agreement, as applicable, the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders that:

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement., the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders Originator that:

Appears in 1 contract

Samples: Commercial Loan Sale Agreement (NewStar Financial, Inc.)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement, Agreement the Trust Depositor represents and warrants to the Trust, the Indenture Trustee and the Noteholders Originator that:

Appears in 1 contract

Samples: Commercial Loan Sale Agreement (Ares Capital Corp)

Representations and Warranties Regarding the Trust Depositor. By its execution of this Agreement and each Subsequent Transfer Agreement, the Trust Depositor represents and warrants to the TrustIssuer, the Indenture Trustee and the Noteholders Securityholders that:

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

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