Sold Property definition
Examples of Sold Property in a sentence
Each party agrees that any claim that it may seek to enforce against the other party under this Agreement is limited to the Sold Property only and is not a claim against the other party's assets as a whole or against assets other than the Sold Property.
The Depositor acknowledges that, under the Indenture, the Issuer will assign and pledge the Sold Property and related property and rights to the Indenture Trustee for the benefit of the Secured Parties.
In consideration for the Sold Property, the Issuer will transfer to the Depositor the Notes as payment for the 2026-A Exchange Note and the other Sold Property.
The Depositor makes the following representations and warranties about the Sold Property and the 2026-A Reference Pool on which the Issuer is relying in purchasing the Sold Property.
The Depositor will file financing and continuation statements, and amendments to the statements, in the jurisdictions and with the filing offices necessary to perfect the Issuer's interest in the Sold Property.
The representations and warranties are made as of the Closing Date and will survive the sale and assignment of the Sold Property by the Depositor to the Issuer under this Agreement and the pledge of the Sold Property by the Issuer to the Indenture Trustee under the Indenture.
On the Closing Date, the Depositor will sell to the Issuer the Sold Property in exchange for the Notes under the Exchange Note Sale Agreement.
This Agreement evidences a valid sale and assignment of the Sold Property from the Depositor to the Issuer, enforceable against creditors of and purchasers from the Depositor.
The Depositor and the Issuer each represents and warrants to the other that the transfer of the Notes on the Closing Date and the increase in the value of the Depositor's beneficial interest in the Issuer, is equal to the fair market value of the 2026-A Exchange Note and the other Sold Property.
The Issuer's obligations under this Indenture are solely the Issuer's obligations and do not represent an obligation or interest in the assets of the Depositor other than the Sold Property conveyed to the Issuer under the Exchange Note Sale Agreement.