Indy Mac definition
Examples of Indy Mac in a sentence
Notary Public [NOTARIAL SEAL] Indy Mac Bank, F.S.B. (“IndyMac”) hereby makes the representations and warranties set forth in this Schedule II to the Depositor and the Trustee, as of the Closing Date.
Neither CWM, Indy Mac nor ILC is an ---------------------- "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Each of CWM, Indy Mac and ILC and each of such Person's ----- ERISA Affiliates are in compliance in all respects with the requirements of ERISA and no Reportable Event has occurred under any Plan maintained by any of such Persons or any of such Persons' ERISA Affiliates which is likely to result in the termination of such Plan for purposes of Title IV of ERISA.
Neither CWM, Indy Mac nor ILC has issued any --------------- unregistered securities in violation of the registration requirements of Section 5 of the Securities Act of 1933, as amended, or any other existing applicable law, and each of such Persons is in compliance, in all material respects, with all existing applicable rules, regulations and requirements under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended.
Neither CWM, Indy Mac nor ILC is required to qualify an indenture under the Trust Indenture Act of 1939, as amended, in connection with such Person's execution and delivery of the Notes.
Each of ------------------------------------------------------- CWM, Indy Mac and ILC has the corporate power and authority and the legal right to execute, deliver and perform the Credit Documents and has taken all necessary corporate action to authorize the execution, delivery and performance of the Credit Documents.
CWM will at all times remain qualified as a REIT, ILC will at all times remain qualified as a "qualified REIT subsidiary," as defined in the Code, and CWM will at all times own at least ninety-nine percent (99%) of the economic interest in Indy Mac.
The Credit Documents have been duly executed and delivered on behalf of each of CWM, Indy Mac and ILC and constitute legal, valid and binding obligations of each such Person enforceable against such Person in accordance with their respective terms, subject to the effect of applicable bankruptcy and other similar laws affecting the rights of creditors generally and the effect of equitable principles whether applied in an action at law or a suit in equity.
Notwithstanding the foregoing, Employer may assign, whether by assignment agreement, merger, operation of law or otherwise, this Agreement to Holdings or Indy Mac, or to any successor of either of them, subject to such assignee's express assumption of all obligations of Employer hereunder, and Officer hereby consents to any such assignment.
For the purpose of any allocation of Officer's incentive compensation pursuant to Section 2 above, it is understood that the calculation of earnings of Holdings includes Holdings' equity interest in the earnings of Indy Mac.