Amendment of Trust Agreement. The Trust Agreement may be amended or supplemented from time to time by the Depositor and the Trustee without the consent of any of the Certificateholders to (a) cure any ambiguity, (b) correct or supplement any provisions herein which may be inconsistent with any other provisions herein, (c) modify, eliminate or add to any of its provisions to such extent as shall be necessary or appropriate to maintain the qualification of the Trust (or any assets thereof) either as a REMIC, as applicable under the Code at all times that any Certificates are outstanding or (d) make any other provisions with respect to matters or questions arising under the Trust Agreement or matters arising with respect to the Trust which are not covered by the Trust Agreement which shall not be inconsistent with the provisions of the Trust Agreement, provided that such action shall not adversely affect in any material respect the interests of any Certificateholder. Any such amendment or supplement shall be deemed not to adversely affect in any material respect any Certificateholder if there is delivered to the Trustee written notification from each Rating Agency that rated the applicable Certificates to the effect that such amendment or supplement will not cause that Rating Agency to reduce the then current rating assigned to such Certificates, as well as an Opinion of Counsel that such amendment or supplement will not result in the loss by the Trust or the assets thereof of REMIC status. The Trust Agreement may also be amended from time to time by the Depositor and the Trustee with the consent of the Holders of Certificates entitled to at least 66% of the Voting Rights for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Trust Agreement or of modifying in any manner the rights of the Holders of Certificates; provided, however, that no such amendment shall (A) reduce in any manner the amount of, or delay the timing of, payments received on Mortgage Loans which are required to be distributed on any Certificate without the consent of the Holder of such Certificate, (B) adversely affect in any material respect the interests of the Holders of any Class of Certificates, or (C) reduce the aforesaid percentage of Certificates the Holders of which are required to consent to any such amendment, unless each Holder of a Certificate affected by such amendment consents. For purposes of the giving or withholding of consents pursuant to this...
Amendment of Trust Agreement. Section 12.01(a) of the Standard Terms shall be replaced with the following:
Amendment of Trust Agreement. 1.1. Section 1(i) of the Original Agreement is hereby amended and restated in its entirety as follows:
Amendment of Trust Agreement. The Trust Agreement is amended or modified without the prior written consent of Party A where such consent is required under the terms of the Trust Agreement; provided, however, that it shall not be an Additional Termination Event where such amendment or modification involves the appointment of any successor trustee, securities administrator, master servicer or servicer pursuant to the terms of the Trust Agreement. For the purpose of the foregoing Termination Event, Party B shall be the sole Affected Party.
Amendment of Trust Agreement. 52 SECTION 12.02. Counterparts.................................................53 SECTION 12.03. Limitation on Rights of Unitholders..........................53 SECTION 12.04. Governing Law................................................53 SECTION 12.05. Notices......................................................53 SECTION 12.06.
Amendment of Trust Agreement. This Trust Agreement may be amended by action concurred in by a majority of the Trustees then in office and without a vote of Holders for the purpose of having the Trust qualify or continue to qualify as a "liquidating trust" or "grantor trust" under the applicable provisions of the Internal Revenue Code of 1954, as amended from time to time. Also, this Trust Agreement may be amended at the direction or with the consent of the Holders of not less than 66.7% in interest, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or prior amendments thereto, provided, however, that no amendment shall permit the Trustee to engage in any activity prohibited by Article Four.
Amendment of Trust Agreement. This Agreement amends, restates and replaces in its entirety the Original Trust Agreement.
Amendment of Trust Agreement. The Units are currently subject to Call Options and Call Rights granted in favor of the Warrantholders. Notwithstanding any other provision of this Trust Agreement, the Depositor and Trustee may agree to amend and restate this Trust Agreement from time to time regarding the Warrants, without the consent of the Warrantholders, to provide that Warrantholders shall be entitled to call and receive directly the underlying Trust Property corresponding to the Units that would have been redeemed following an exercise of Warrants, and not to call the Units. For the avoidance of doubt, such amendment shall not affect the Call Price. Similarly, nothing in the above should be understood as exempting such amendment from the application of Section 12.01(d) of the Standard Terms for Trust Agreements.
Amendment of Trust Agreement. (a) The Trust Agreement may be amended from time to time by the Depositor and the Trustee without the consent of any of the Unitholders, upon delivery by the Depositor of an Opinion of Counsel acceptable to the Trustee to the effect that such amendment will not adversely affect in any material respect the interests of any Unitholder, for any of the following purposes: (i) to cure any ambiguity or to correct or supplement any provision in the Trust Agreement which may be defective or inconsistent with any other provision in the Trust Agreement; (ii) to provide for any other terms or modify any other terms with respect to matters or questions arising under the Trust Agreement; (iii) to amend the definitions of Trigger Amount and Maximum Reimbursable Amount so as to increase, but not decrease, the respective amounts contained in such definitions or to otherwise amend or waive the terms of Section 10.05(b) in any manner which shall not adversely affect the Unitholders in any material respect; (iv) to amend the definition of Trustee Fee; (v) to evidence and provide for the acceptance of appointment under the Trust Agreement by a successor Trustee; or (vi) to add or change any of the terms of the Trust Agreement as shall be necessary to provide for or facilitate the administration of the Trust; provided, however, that in the case of any amendment pursuant to any of clauses (i) through (v) above, the Rating Agency Condition shall be satisfied with respect to such amendment.
Amendment of Trust Agreement. This Agreement may be amended by the Managing Trustees, but only with the prior approval of the Beneficiary; provided, however, that the Managing Trustees may amend this Agreement without the approval of the Beneficiary at any time to the extent deemed by the Managing Trustees in good faith to be necessary to meet the requirements necessary to maintain the Trust's status as a business trust under the laws of the State of Delaware, but the Managing Trustees shall not be liable for failing so to do; provided, further, that no amendment shall adversely affect the liability of the Beneficiary or the Statutory Trustee without their respective approvals. Actions by the Managing Trustees pursuant to Section 9.6(a) that result in amending this Agreement also may be effected without the approval of the Beneficiary. The Managing Trustees shall give the Statutory Trustee notice of any proposed amendment ten (10) days prior to the effective date of such amendment and the Statutory Trustee shall have the right to resign as Statutory Trustee during such period and the Managing Trustees shall appoint a replacement Statutory Trustee pursuant to Section 3.10. The Managing Trustees shall file an amended Certificate to reflect such resignation and replacement.
