Common use of Appointment of Co-Delaware Trustee or Separate Delaware Trustee Clause in Contracts

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor and the Delaware Trustee acting jointly will have the power and may execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate or any part thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor and the Delaware Trustee may consider necessary or desirable. If the Trustor will not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will have the power, acting alone, to make such appointment. No co-trustee or separate trustee under this Agreement will be required to meet the terms of eligibility as a successor Delaware Trustee pursuant to Section 10.01 and no notice of the appointment of any co-trustee or separate trustee will be required pursuant to Section 10.03.

Appears in 25 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

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Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor Issuer Administrator and the Delaware Trustee acting jointly will shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee Trustee, meeting the eligibility requirements of Section 10.01 hereof, to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate Estate, or any part thereof thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor Issuer Administrator and the Delaware Trustee may consider necessary or desirable. If the Trustor will Issuer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will acting alone shall have the power, acting alone, power to make such appointment. No co-trustee or separate trustee under this Trust Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee trustee pursuant to clauses (d) through (e) of Section 10.01 hereof and no notice of the appointment of any co-trustee or separate trustee will shall be required pursuant to Section 10.03.10.03 hereof. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 7 contracts

Samples: Trust Agreement (Consolidation Loan Funding Ii, LLC), Trust Agreement (College Loan Corp Trust I), Trust Agreement (Higher Education Funding I)

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor Administrator and the Delaware Trustee acting jointly will shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee Trustee, meeting the eligibility requirements of Section 10.01, to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate Estate, or any part thereof thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor Administrator and the Delaware Trustee may consider necessary or desirable. If the Trustor will Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will acting alone shall have the power, acting alone, power to make such appointment. No co-trustee or separate trustee under this Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee trustee pursuant to clauses (iv) through (v) of Section 10.01 and no notice of the appointment of any co-trustee or separate trustee will shall be required pursuant to Section 10.03.. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 5 contracts

Samples: Trust Agreement (Collegiate Funding Services Education Loan Trust 2004-A), Trust Agreement (Collegiate Funding Services Education Loan Trust 2005-A), Trust Agreement (Collegiate Funding Services Education Loan Trust 2003-A)

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor Issuer Administrator and the Delaware Trustee acting jointly will shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee Trustee, meeting the eligibility requirements of Section 10.01, to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate Estate, or any part thereof thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor Issuer Administrator and the Delaware Trustee may consider necessary or desirable. If the Trustor will Issuer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will acting alone shall have the power, acting alone, power to make such appointment. No co-trustee or separate trustee under this Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee trustee pursuant to clauses (iv) through (v) of Section 10.01 and no notice of the appointment of any co-trustee or separate trustee will shall be required pursuant to Section 10.03.. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 4 contracts

Samples: Trust Agreement (College Loan Corp Trust 2005-2), Trust Agreement (College Loan LLC), Trust Agreement (Collegiate Funding of Delaware LLC)

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor Administrator and the Delaware Trustee acting jointly will shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee Trustee, meeting the eligibility requirements of Section 10.01 hereof, to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate Estate, or any part thereof thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor Administrator and the Delaware Trustee may consider necessary or desirable. If the Trustor will Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will acting alone shall have the power, acting alone, power to make such appointment. No co-trustee or separate trustee under this Trust Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee trustee pursuant to clauses (d) and (e) of Section 10.01 hereof and no notice of the appointment of any co-trustee or separate trustee will shall be required pursuant to Section 10.03.10.03 hereof. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 2 contracts

Samples: Trust Agreement (Goal Capital Funding, LLC), Trust Agreement (Goal Capital Funding, LLC)

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this the Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate any Collateral may at the time be located, the Trustor Administrator and the Delaware Trustee acting jointly will shall at any time have the power and may shall execute and deliver all instruments necessary to appoint one or more Persons approved by the Trustor and Delaware Trustee to act as co-trusteeDelaware Trustee, jointly with the Delaware Trusteeit, or as separate trustee Delaware Trustee or separate trusteesDelaware Trustees, of all or any part of any Collateral and, subject to Section 4.4 of the Trust EstateAgreement, and to vest in such Person, in such capacity, such title to the Trust Estate any Collateral, or any part thereof thereof, and, subject to the other provisions of this SectionSection 8.5, such powers, duties, obligations, rights and trusts as the Trustor Administrator and the Delaware Trustee may consider deem necessary or desirable. If the Trustor will Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will alone shall have the power, acting alone, power to make such appointment. No co-trustee Delaware Trustee or separate trustee Delaware Trustee under this the Trust Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee pursuant to Section 10.01 8.1 and no notice of the appointment of any co-trustee Delaware Trustee or separate trustee will Delaware Trustee shall be required pursuant to required; PROVIDED, HOWEVER, that any co-Delaware Trustee or separate Delaware Trustee must be a "United States person" within the meaning of Section 10.037701(a)(30) of the Code and a "bank" within the meaning of Section 581 of the Code.

Appears in 2 contracts

Samples: Allstate Life Global Funding, Allstate Life Insurance Co

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this the Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate any Collateral may at the time be located, the Trustor Administrator and the Delaware Trustee acting jointly will shall at any time have the power and may shall execute and deliver all instruments necessary to appoint one or more Persons approved by the Trustor and Delaware Trustee to act as co-trusteeDelaware Trustee, jointly with the Delaware Trusteeit, or as separate trustee Delaware Trustee or separate trusteesDelaware Trustees, of all or any part of any Collateral and, subject to Section 4.4 of the Trust EstateAgreement, and to vest in such Person, in such capacity, such title to the Trust Estate any Collateral, or any part thereof thereof, and, subject to the other provisions of this SectionSection 8.5, such powers, duties, obligations, rights and trusts as the Trustor Administrator and the Delaware Trustee may consider deem necessary or desirable. If the Trustor will Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will alone shall have the power, acting alone, power to make such appointment. No co-trustee Delaware Trustee or separate trustee Delaware Trustee under this the Trust Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee pursuant to Section 10.01 8.1 and no notice of the appointment of any co-trustee Delaware Trustee or separate trustee will Delaware Trustee shall be required pursuant to required; provided, however, that any co-Delaware Trustee or separate Delaware Trustee must be a "United States person" within the meaning of Section 10.037701(a)(30) of the Code and a "bank" within the meaning of Section 581 of the Code.

Appears in 2 contracts

Samples: Allstate Life Global Funding, Allstate Life Global Funding

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Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements imposed upon the Trust or any Series of the Trust by any court or governmental agency of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Trustor Administrator and the Delaware Trustee acting jointly will shall at any time have the power and may shall execute and deliver all instruments necessary to appoint one or more Persons approved by the Trustor and Delaware Trustee to act as co-trusteeDelaware Trustee, jointly with the Delaware Trustee, or as separate trustee or separate trusteesDelaware Trustee, of all or any part of the Trust EstateCollateral, and to vest in such Person, in such capacity, such title to the Trust Estate Trust, or any part thereof (including any Series of the Trust) and, subject to the other provisions of this SectionSection 9.5, such powers, duties, obligations, rights and trusts as the Trustor Administrator and the Delaware Trustee may consider deem necessary or desirable. If the Trustor will Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do, the Delaware Trustee will alone shall have the power, acting alone, power to make such appointment. No co-trustee Delaware Trustee or separate trustee Delaware Trustee under this Trust Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee pursuant to Section 10.01 9.1, and no notice of the appointment of any co-trustee Delaware Trustee or separate trustee will Delaware Trustee shall be required pursuant to Section 10.03.9.3. 28 Each separate Delaware Trustee and co-Delaware Trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 1 contract

Samples: Trust Agreement (Allstate Life Global Funding)

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor Issuer Administrator and the Delaware Trustee acting jointly will shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee Trustee, meeting the eligibility requirements of Section 10.01 hereof, to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate Estate, or any part thereof thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor Issuer Administrator and the Delaware Trustee may consider necessary or desirable. If the Trustor will Issuer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will acting alone shall have the power, acting alone, power to make such appointment. No co-trustee or separate trustee under this Trust Agreement will shall be required to meet the terms of eligibility as a successor Delaware Trustee trustee pursuant 28 to clauses (d) through (e) of Section 10.01 hereof and no notice of the appointment of any co-trustee or separate trustee will shall be required pursuant to Section 10.03.10.03 hereof. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 1 contract

Samples: Trust Agreement (Higher Education Funding I)

Appointment of Co-Delaware Trustee or Separate Delaware Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Trustor Issuer Administrator and the Delaware Trustee acting jointly will shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustor and Delaware Trustee Trustee, meeting the eligibility requirements of Section 10.01, to act as co-trustee, jointly with the Delaware Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate Estate, or any part thereof thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Trustor Issuer Administrator and the Delaware Trustee may consider necessary or desirable. If the Trustor will Issuer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Delaware Trustee will acting alone shall have the power, acting alone, power to make such appointment. No co-trustee or separate trustee under this Agreement will be required to meet the terms of eligibility as a successor Delaware Trustee pursuant to Section 10.01 and no notice of the appointment of any co-trustee or separate trustee will shall be required pursuant to Section 10.03.. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 1 contract

Samples: Trust Agreement (College Loan Corp Trust II)

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