Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 377 contracts
Samples: Indenture (Opteum Mortgage Acceptance CORP), Indenture (RFMSII Series 2006-Hsa2 Trust), Indenture (Home Equity Loan Trust 2006-Hsa4)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 299 contracts
Samples: Indenture (PG&E Recovery Funding LLC), Indenture (World Omni Auto Receivables Trust 2024-B), Indenture (World Omni Auto Receivables Trust 2024-B)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 126 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A)
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 93 contracts
Samples: Indenture (CarMax Auto Owner Trust 2024-2), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-1)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's its own affairs, except when this Indenture or the Sale and Servicing Agreement requires it to follow the directions of the Credit Enhancer.
Appears in 65 contracts
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Indenture (Cwabs Inc)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 63 contracts
Samples: Indenture (Harley-Davidson Motorcycle Trust 2024-A), Indenture (Harley-Davidson Motorcycle Trust 2024-A), Indenture (Harley-Davidson Motorcycle Trust 2023-B)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 53 contracts
Samples: Indenture (Ford Credit Auto Receivables Two L P), Note Depository Agreement (Ford Credit Auto Receivables Two LLC), Indenture (Ford Credit Auto Receivables Two L P)
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 35 contracts
Samples: Wachovia Asset (Wachovia Asset Securitization Inc 2002 He2 Trust), GMACM Home Equity Loan Trust 2007-He1, GMACM Home Equity Loan Trust 2006-He5
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 34 contracts
Samples: Indenture (Wachovia Mortgage Loan Trust, LLC), Indenture (Wachovia Mortgage Loan Trust, LLC), Wachovia Asset Funding Trust, LLC
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 34 contracts
Samples: Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Lease Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2014-A)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 33 contracts
Samples: Indenture (Mmca Auto Owner Trust 2001-3), Indenture (Mmca Auto Owner Trust 2001 2), Indenture (Mmca Auto Owner Trust 2001-4)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 28 contracts
Samples: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC), Master Administration Agreement (SLM Funding LLC)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 27 contracts
Samples: Indenture (BMW Fs Securities LLC), Indenture (National City Auto Receivables Trust 2002-A), Indenture (BMW Vehicle Owner Trust 2001-A)
Duties of Indenture Trustee. (a) If an Indenture Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights follow such instructions and powers vested in directions as it by this Indenture may receive pursuant to Section 5.2 hereof and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 25 contracts
Samples: Indenture (Credit Acceptance Corp), Credit Acceptance Corp, Indenture (Credit Acceptance Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 25 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2003-3), Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (NovaStar Certificates Financing LLC)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and a Responsible Officer of the Indenture Trustee has actual knowledge of such Event of Default, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 22 contracts
Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2023-2)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 21 contracts
Samples: Sale and Servicing Agreement and Trust Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)
Duties of Indenture Trustee. (a) If an Event of Default of which a Responsible Officer of the Indenture Trustee shall have actual knowledge has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 15 contracts
Samples: Indenture (Imc Home Equity Loan Owner Trust 1997-8), Indenture (Imc Home Equity Loan Owner Trust 1998-4), Indenture (Imc Home Equity Loan Owner Trust 1998-7)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such that person's ’s own affairs.
Appears in 15 contracts
Samples: Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Lease Trust 2015-B), Indenture (Ford Credit Auto Owner Trust 2015-B)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 14 contracts
Samples: Indenture (Ford Credit Auto Owner Trust 2010-B), Indenture (Ford Credit Auto Owner Trust 2010-A), Indenture (Ford Credit Auto Owner Trust 2008-C)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the of which a Responsible Officer of Indenture Trustee has actual knowledge, Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 13 contracts
Samples: Indenture (Wells Fargo Auto Receivables Corp), Indenture (M&i Auto Loan Trust 2002-1), Amsouth Auto Corp Inc
Duties of Indenture Trustee. (a) If a)If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 13 contracts
Samples: GMACM Home Equity Loan Trust 2006-He2, GMACM Home Equity Loan Trust 2006-He1, Residential Asset Mortgage Products Inc
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairsaffairs with respect to the Indenture Collateral.
Appears in 12 contracts
Samples: Indenture (NewStar Financial, Inc.), Indenture (American Capital Strategies LTD), Indenture (Capitalsource Inc)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingoccurred, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 11 contracts
Samples: Article Seven (Cit Equipment Collateral 2001-1), Indenture (Cit Equipment Collateral 2002-Vt1), Indenture (Cit Equipment Collateral 2000-2)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 10 contracts
Samples: Indenture (Indymac MBS Inc), Indenture (Cwalt Inc), Indenture (CWHEQ, Inc.)
Duties of Indenture Trustee. (a) If an Event of Default --------------------------- has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 10 contracts
Samples: Indenture (Firstplus Investment Corp), Indenture (Financial Asset Securities Corp), Indenture (Firstplus Investment Corp)
Duties of Indenture Trustee. (a) If an Event of Default --------------------------- has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 8 contracts
Samples: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), SLM Funding Corp
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 8 contracts
Samples: Indenture (BMW Fs Securities LLC), Indenture (Hyundai Auto Receivables Trust 2015-C), BMW Fs Securities LLC
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 8 contracts
Samples: Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC), Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Bear Stearns Asset Backed Securities Inc)
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 8 contracts
Samples: Indenture (Pooled Auto Securities Shelf LLC), Indenture (Pooled Auto Securities Shelf LLC), Indenture (Carmax Auto Funding LLC)
Duties of Indenture Trustee. (a) If a Responsible Officer of the Indenture Trustee has actual knowledge that an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 8 contracts
Samples: Indenture (BMW Vehicle Owner Trust 2019-A), Indenture (BMW Vehicle Owner Trust 2019-A), BMW Fs Securities LLC
Duties of Indenture Trustee. (a) If an Event of Indenture Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 8 contracts
Samples: Indenture (Nissan Auto Lease Trust 2004-A), Indenture (Xerox Corp), Indenture (Volkswagen Public Auto Loan Securitization LLC)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 7 contracts
Samples: Indenture (Commercial Credit, Inc.), Indenture (Ford Credit Auto Lease Trust 2011-A), Indenture (Ford Credit Auto Lease Trust 2011-A)
Duties of Indenture Trustee. (a) If an Event of Indenture Default has occurred and is continuingcontinuing and a Responsible Officer of the Indenture Trustee shall have actual knowledge of such event, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 5 contracts
Samples: Vehicle Lease (Financial Services Vehicle Trust), Vehicle Lease (Financial Services Vehicle Trust), BMW Vehicle Lease (BMW Auto Leasing LLC)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee shall have actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 5 contracts
Samples: Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc), Nal Financial Group Inc
Duties of Indenture Trustee. (a) If an Indenture Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights follow such instructions and powers vested in directions as it by this Indenture may receive pursuant to Section 5.2 hereof and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 5 contracts
Samples: Credit Acceptance Corporation, Credit Acceptance Corporation, Credit Acceptance Corporation
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 5 contracts
Samples: Indenture (USAA Auto Owner Trust 2007-1), Indenture (USAA Auto Owner Trust 2007-2), Indenture (GS Auto Loan Trust 2005-1)
Duties of Indenture Trustee. (a) If an Event of Default of which a Responsible Officer of the Indenture Trustee has occurred and is continuingactual knowledge has occurred, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 5 contracts
Samples: Indenture (CIT Equipment Collateral 2004-Ef1), Indenture (Cit Equipment Collateral 2003-Vt1), Indenture (CIT Equipment Collateral 2005-Ef1)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 5 contracts
Samples: Trust Agreement (California Republic Auto Receivables Trust 2015-2), Trust Agreement (California Republic Funding LLC), Indenture (California Republic Funding LLC)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs, including without limitation, continuing to hold the Trust Estate and receive collections on the Receivables included therein and provided in the Trust Sale and Servicing Agreement.
Appears in 5 contracts
Samples: Indenture (Wholesale Auto Receivables Corp), Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp)
Duties of Indenture Trustee. (a) If an Event of Default or an Amortization Event has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 4 contracts
Samples: Indenture (American Business Financial Services Inc /De/), Execution Version (American Business Financial Services Inc /De/), Execution (American Business Financial Services Inc /De/)
Duties of Indenture Trustee. (a) If a Responsible Officer of the Indenture Trustee has actual knowledge that an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.. (b) Except during the continuance of an Event of Default:
Appears in 4 contracts
Samples: Indenture (BMW Vehicle Owner Trust 2023-A), Trust Agreement (BMW Vehicle Owner Trust 2023-A), Trust Agreement (BMW Vehicle Owner Trust 2022-A)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 3 contracts
Samples: Indenture (SLM Education Credit Funding LLC), Indenture (SLM Funding LLC), Indenture (SLM Funding LLC)
Duties of Indenture Trustee. (a) If an a Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Operative Documents and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs; provided, however, that if the Indenture Trustee is acting as Master Servicer, it shall use the same degree of care and skill as is required of the Master Servicer under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Indenture (Advanta Conduit Receivables Inc), Advanta Conduit Receivables Inc, Advanta Mortgage Conduit Services Inc
Duties of Indenture Trustee. (a) If an Event of --------------------------- Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 3 contracts
Samples: Indenture (SLM Funding Corp), SLM Funding Corp, SLM Funding Corp
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 3 contracts
Samples: Bear Stearns Asset Backed Securities Inc, Irwin Home Equity Loan Trust 2004-1, Irwin Home Equity Loan Trust 2005-1
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture the Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 3 contracts
Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person's his own affairs.
Appears in 3 contracts
Samples: Schedules And (Aames Capital Acceptance Corp), Indenture (Transtel S A), Fund America Investors Corp Ii
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and a Responsible Officer of the Indenture Trustee has obtained actual knowledge or has received written notice of such Event of Default, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 3 contracts
Samples: Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and a Responsible Officer of Indenture Trustee shall have actual knowledge or written notice of such Event of Default, the Indenture Trustee shall exercise the rights and powers vested in it by this the Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 3 contracts
Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust)
Duties of Indenture Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Indenture Trustee has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 3 contracts
Samples: Tia Indenture (Painewebber Asset Acceptance Corp), Prudential Securities Secured Financing Corp, Securitized Asset Backed Receivables LLC
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's its own affairs.
Appears in 3 contracts
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Custodial Agreement (CWHEQ, Inc.), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A)
Duties of Indenture Trustee. (a) If an Indenture Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 3 contracts
Samples: Indenture (FBR Securitization, Inc.), First NLC Trust 2005-1, First NLC Trust 2005-3 Mortgate-Backed Notes, Series 2005-3
Duties of Indenture Trustee. (a) If the Indenture Trustee has received notice pursuant to Section 7.02, or a Responsible Officer of the Indenture Trustee shall otherwise have actual knowledge that an Event of Default has occurred and is continuing, the Indenture Trustee shall shall, at the written direction of the Majority Holders, exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person's his own affairs.
Appears in 3 contracts
Samples: Contribution Agreement (Americredit Corp), Bay View Capital Corp, Indenture (Bay View Capital Corp)
Duties of Indenture Trustee. (a1) If an Indenture Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights follow such instructions and powers vested in directions as it by this Indenture may receive pursuant to Section 5.2 hereof and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 3 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Credit Acceptance Corp
Duties of Indenture Trustee. (a) If an Event of Default of which a Responsible Officer of the Indenture Trustee has occurred and is continuingactual knowledge has occurred, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Indenture (Cit Funding Co, LLC), Cit Equipment Collateral 2006-Vt2
Duties of Indenture Trustee. (a) If an Event of --------------------------- Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 2 contracts
Samples: Administration Agreement (Merrill Lynch Mortgage Investors Inc), Ace Securities Corp
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingthe Notes have been accelerated under Section 7.2(a), the Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.)
Duties of Indenture Trustee. (a) If an Event of Indenture Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 2 contracts
Samples: Trust Indenture (Ryder Truck Rental Lt), Vehicle Lease (BMW Auto Leasing LLC)
Duties of Indenture Trustee. (a) If a Responsible Officer of the Indenture Trustee shall have actual knowledge that an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Bear Stearns Asset Backed Securities Inc), Morgan Stanley Abs Capital I Inc
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.. (b) Except during the continuance of an Event of Default:
Appears in 2 contracts
Samples: Indenture (Home Equity Loan Trust 2006-Hsa3), Indenture (Home Equity Loan Trust 2006-Hsa5)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and each Indenture Supplement and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 2 contracts
Samples: Ford Credit Floorplan LLC, Ford Credit Floorplan Corp
Duties of Indenture Trustee. (a) If an Event of Default has --------------------------- occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 2 contracts
Samples: Servicing Agreement (Greenpoint Credit LLC), Indenture (Firstplus Investment Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture Indenture, and shall use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 2 contracts
Samples: Corporate Asset Backed Corp, Corporate Asset Backed Corp
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and a Responsible Officer of the Indenture Trustee has knowledge of such Event of Default, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2018-1), Indenture (Mercedes-Benz Auto Receivables Trust 2018-1)
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personXxxxxx's own affairs.
Appears in 2 contracts
Samples: Bear Stearns Asset Backed Securities Inc, Irwin Whole Loan Home Equity Trust 2005-A
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Master Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 2 contracts
Samples: Daimlerchrysler Services North America LLC, Daimlerchrysler Services North America LLC
Duties of Indenture Trustee. (a) If an Event of Default known to the Indenture Trustee has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person's his own affairs.
Appears in 2 contracts
Duties of Indenture Trustee. (a) . (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1), Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Chase Education Loan Trust 2007-A), Collegiate Funding of Delaware LLC
Duties of Indenture Trustee. (ai) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 2 contracts
Samples: Deutsche Mortgage Securities Inc, Indenture (Premier Auto Trust 1998 5)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs; provided, however, that if the Indenture Trustee is acting as Servicer, it shall use the same degree of care and skill as is required of the Servicer under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and a Responsible Officer shall have actual knowledge or written notice of such Event of Default, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 2 contracts
Samples: Master Indenture (Alliance Data Systems Corp), Master Indenture (Alliance Data Systems Corp)
Duties of Indenture Trustee. (a) If Responsible Officer of the Indenture Trustee has actual knowledge that an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.. (b) Except during the continuance of an Event of Default:
Appears in 2 contracts
Samples: Indenture (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing that a Responsible Officer of the Indenture Trustee has actual knowledge thereof, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 2 contracts
Samples: California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2018-1)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the other Basic Documents and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 2 contracts
Samples: Indenture (HSBC Automotive Trust (USA) 2006-1), Indenture (HSBC Automotive Trust (USA) 2007-1)
Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 2 contracts
Samples: Phoenix Residential Securities, LLC, Phoenix Residential Securities, LLC
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 1 contract
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise of such rights and powers as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 1 contract
Samples: Master Indenture (Smurfit-Stone Container Enterprises Inc)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson's own affairs.
Appears in 1 contract
Samples: Tia Indenture (Ford Credit Auto Receivables Two L P)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and shall use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 1 contract
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances circumstanced in the conduct of such person's ’s own affairs.
Appears in 1 contract
Duties of Indenture Trustee. (a) If an Event of Default of which a Responsible Officer of the Indenture Trustee has actual knowledge has occurred and is continuing, the Indenture Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's his or her own affairs.
Appears in 1 contract
Samples: Indenture (American Business Financial Services Inc /De/)
Duties of Indenture Trustee. (a) If an Event of Indenture Default has occurred and is continuingcontinuing and a Responsible Officer of the Indenture Trustee shall have knowledge of such event, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 1 contract
Samples: Vehicle Lease (BMW Auto Leasing LLC)
Duties of Indenture Trustee. (a) If an Event of Indenture Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 1 contract
Duties of Indenture Trustee. (a) If an Event of Default of which a Responsible Officer of the Indenture Trustee has record notice or has actual knowledge has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Greenpoint Mortgage Funding Trust 2006-He1)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs, including, without limitation, continuing to hold the Indenture Trust Estate and receive collections on the Leases included therein and provided in the Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Trans Leasing International Inc
Duties of Indenture Trustee. (ae) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.; provided, that, with respect to the Indenture Collateral, the Indenture Trustee’s actions are subject to the limitations set forth in Article V.
Appears in 1 contract
Samples: Indenture (St Joe Co)
Duties of Indenture Trustee. (a) If an Event of Default has ------------------------------ occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairsaffairs with respect to the Trust Estate.
Appears in 1 contract
Samples: Thornburg Mortgage Asset Corp
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, subject to the provisions of Article V, Indenture Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 1 contract
Samples: NewStar Financial, Inc.
Duties of Indenture Trustee. (an) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 1 contract
Samples: Indenture (Imh Assets Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the other Program Documents and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 1 contract
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights follow such instructions and powers vested in directions as it by this Indenture may receive pursuant to Section 5.2 hereof and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 1 contract
Samples: United Fidelity Finance LLC
Duties of Indenture Trustee. (a) If a)If an Event of Default has shall have occurred and is be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person's Person’s own affairs.
Appears in 1 contract
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and shall use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.
Appears in 1 contract
Samples: Indenture (Deutsche Recreational Asset Funding Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs., including, without limitation, continuing to hold the Indenture Trust Estate and receive collections on the Leases
Appears in 1 contract
Samples: Tl Lease Funding Corp Iv
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing, of which a Responsible Officer of the Indenture Trustee shall have actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use with the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 1 contract
Samples: Onyx Acceptance Corp
Duties of Indenture Trustee. (a) If an Event of Default --------------------------- has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of of' care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 1 contract
Samples: Administration Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use in the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 1 contract
Samples: Fidelity Leasing Inc
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.
Appears in 1 contract
Samples: Indenture (Household Automotive Trust Iv Series 2000-1)