Owner Trust. The Issuer.
Owner Trust. Seller represents and warrants that (i) legal title to the Aircraft is currently held by Owner Trustee under the Trust Agreement and (ii) Seller will cause Owner Trustee to carry out all obligations and actions necessary to satisfy the intentions of this Agreement and that any obligation of Seller herein, shall also be an obligation of Owner Trustee and vice versa, to the extent applicable, and (iii) any failure of Owner Trustee to perform in the manner necessary to satisfy the intentions and obligations of Seller herein, will serve as a Seller default.
Owner Trust. (a) Such Engine shall be owned by and leased from an Owner Trustee on behalf of an Owner Trust created by the Issuer pursuant to a Trust Agreement substantially in the form attached hereto as Exhibit H-1, (b) such Owner Trustee shall have executed and delivered to the Collateral Custodian a facsimile copy of an Owner Trustee Guaranty substantially in the form attached hereto as Exhibit H-2 (the original counterpart of which shall be delivered to the Collateral Custodian within ten Business Days after such execution and delivery), (c) such Owner Trustee shall have executed and delivered to FAA Counsel, and to the Collateral Custodian a facsimile copy of, a Owner Trustee Mortgage substantially in the form attached hereto as Exhibit H-3 (the original counterpart of which shall be delivered to the Collateral Custodian within three (3) Business Days after the filing thereof with the FAA), and (d) the Issuer shall have executed and delivered to the Collateral Custodian a facsimile copy of a Beneficial Interest Pledge Agreement substantially in the form attached hereto as Exhibit H-4 (the original counterpart of which shall be delivered to the Collateral Custodian within ten Business Days after such execution and delivery); and
Owner Trust. By: ------------------------------------ Name: Title: Signed and delivered in the presence of. ------------------------------- Address: ------------------------------- [Unofficial Witness]
Owner Trust. By: Wilmington Trust Company, not in its individual capacity but solely as Owner Trustee By: Name: Title: ENRON CORP. By: Name: Title: EXHIBIT A [FORM OF OPINION] INCUMBENCY AND SIGNATURE CERTIFICATE The undersigned, the Assistant Secretary of Enron Corp. (the “Counterparty”), a Delaware corporation organized under the law of Delaware hereby certifies that:
Owner Trust. Home Loan Trust 2004-HI2, created by the Certificate of Trust pursuant to the Trust Agreement and the Original Trust Agreement.
Owner Trust. By: Wilmington Trust Company not in its individual capacity but solely on behalf of the Issuer as Owner Trustee under the Trust Agreement By: /s/ Xxxxxxx X. Xxxxx --------------------------------------- Name: Xxxxxxx X. Xxxxx Title: Senior Financial Services Officer JPMORGAN CHASE BANK, NATIONAL ASSOCIATION not in its individual capacity but solely as Indenture Trustee By: /s/ Xxxx Xx Xxxxx ---------------------------------------------- Name: Xxxx Xx Xxxxx Title: Vice President SCHEDULE A FORM OF DEPOSITORY AGREEMENT ON FILE EXHIBIT A-1 [FORM OF CLASS A-l NOTE] PRINCIPAL IN RESPECT OF THIS CLASS A-l NOTE IS DISTRIBUTABLE AS SET FORTH HEREIN. ACCORDINGLY, THE UNPAID PRINCIPAL AMOUNT OF THE FRACTIONAL INTEREST EVIDENCED HEREBY AT ANY TIME MAY BE LESS THAN THE ORIGINAL PRINCIPAL AMOUNT SET FORTH HEREIN. Unless this Note is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and any Note issued is registered in the name of Cede & Co. or in such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner thereof, Cede & Co., has an interest herein. PRINCIPAL IN RESPECT OF THIS NOTE IS PAYABLE AS SET FORTH HEREIN. BAY VIEW 2005-3 OWNER TRUST
Owner Trust. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Trust Agreement. The parties hereto have agreed, subject to the terms and conditions of this Amendment, that the Trust Agreement be amended to reflect certain agreed upon revisions to the terms of the Trust Agreement. Accordingly, the Depositor, the Owner Trustee and the Delaware Trustee hereby agree, in consideration of the mutual promises and mutual obligations set forth herein, that the Trust Agreement is hereby amended as follows:
Owner Trust. Home Equity Loan Trust [ ]-o, created by the Certificate of Trust pursuant to the Trust Agreement.
Owner Trust. The Owner Trust that will hold such Engine is duly organized, validly existing and in compliance under the laws of the state of its formation, as indicated in the applicable Engine or Beneficial Interest Transfer Certificate, with all necessary power and authority to own its properties and to conduct its business as such properties are currently owned or contemplated to be owned and such business is currently or contemplated to be conducted, had at all relevant times, and now has, power, authority, and legal right to acquire and own the Engine and Lease owned by it, as described in the applicable Engine or Beneficial Interest Transfer Certificate and to perform its obligations under any Related Document to which it is a party, and has not at any time had any other legal name except as set forth in the applicable Engine or Beneficial Interest Transfer Certificate;
