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

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond Insurer, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof.

Appears in 12 contracts

Samples: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Indenture (Collateralized Asset-Backed Bonds Series 2002-3), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-4)

AutoNDA by SimpleDocs

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power power, with the prior written consent of the Note Insurer, and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerOwners, such title to the Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Owners of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 6.8 hereof; provided that the Indenture Trustee shall deliver notice of any such co-trustee or separate trustee to the Servicer and the Note Insurer.

Appears in 8 contracts

Samples: Indenture (Imc Home Equity Loan Owner Trust 1998-4), Indenture (First Alliance Mortgage Loan Trust 1998-2), Imc Home Equity Loan Owner Trust 1998-7

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Pledged Assets may at the time be located, the Indenture Trustee shall have the power and may execute and deliver at any time all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstatePledged Assets, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust Estate, Pledged Assets or any part hereof, thereof and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof 6.11, and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereofbut notice shall be given to each Applicable Series Enhancer.

Appears in 5 contracts

Samples: Purchase Agreement (NRT Settlement Services of Missouri LLC), Purchase Agreement (Realogy Corp), Receivables Purchase Agreement (Domus Holdings Corp)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders Noteholders and the Bond InsurerHedge Counterparties, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to Noteholders or the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Hedge Counterparties of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co-trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 3 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power power, with the prior written consent of the Securities Insurer, and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 6.8 hereof; provided that the Indenture Trustee shall deliver notice of any such co-trustee or separate trustee to the Securities Insurer.

Appears in 3 contracts

Samples: Indenture (Firstplus Investment Corp), Firstplus Investment Corp, Equivantage Acceptance Corp

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power power, with the prior written consent of the Note Insurer, and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerOwners, such title to the Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Owners of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 6.8 hereof; provided that the Indenture Trustee shall deliver notice of any such co-trustee or separate trustee to the Note Insurer.

Appears in 2 contracts

Samples: Indenture (Imc Securities Inc), Imc Home Equity Loan Owner Trust 1997-6

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Pledged Assets may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, jointly with the Indenture Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders Issuer and the Bond InsurerNoteholders and to the extent expressly set forth herein or the other Basic Documents, such title to the Trust EstatePledged Assets, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders or Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof.

Appears in 2 contracts

Samples: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power power, with the prior written consent of the Note Insurer, and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerOwners, such title to the Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required 34 to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Owners of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 6.8 hereof; provided that the Indenture Trustee shall deliver notice of any such co-trustee or separate trustee to the Servicer and the Note Insurer.

Appears in 2 contracts

Samples: Indenture (Imc Home Equity Loan Owner Trust 1998-7), First Alliance Mortgage Loan Trust 1998-1a

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions pro- visions of this Indenture, at any time, for the purpose of meeting meet- ing any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond Insurer, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and notice to to, and the consent of, the Bond Insurer (but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereofrequired.

Appears in 2 contracts

Samples: Servicing Agreement (Novastar Mortgage Funding Corp), Indenture (Novastar Mortgage Funding Corp)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof.6.8. (b) Every 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: Ford Motor Credit Co

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power power, with the prior written consent of the Note Insurer, and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerOwners, such title to the Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Owners of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 6.8 hereof; provided that the Indenture Trustee shall deliver notice of any such co-trustee or separate trustee to the Seller, the Servicer and the Note Insurer.

Appears in 1 contract

Samples: Amresco Residential Securities Corp

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co-trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Issuer may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIssuer, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust EstateIssuer, or any part hereof, and, subject to the other provisions of this Section, such powerspower, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. The Sellers will pay all reasonable fees and expenses of any co-trustee or co-trustees or separate trustee or separate trustees. The appointment of any separate trustee or co-trustee shall not absolve the Indenture Trustee of its obligations under this Indenture. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee an Indenture Trustee under Section 6.11 hereof 6.11, and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof6.8.

Appears in 1 contract

Samples: Indenture (Chase Manhattan Bank Usa)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co–trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (Capitalsource Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust (including, for purposes of this Section 6.10, all or any part of the Trust Estate), and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust EstateTrust, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof6.08. The Indenture Trustee shall remain primarily liable for the actions of any co-trustee. In the event that a co-trustee is appointed at the request of the Master Servicer, the fees and expenses of such co-trustee shall be paid by the Master Servicer.

Appears in 1 contract

Samples: Indenture (Morgan Stanley Abs Capital I Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (ac) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee co‑trustee or co-trusteesco‑trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerHolders, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee co‑trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Holders of the appointment of any co-trustee co‑trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co‑trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (St Joe Co)

AutoNDA by SimpleDocs

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerSecured Parties, such title to the Trust Estate, or any part hereofthereof, and, subject to the other provisions of this Section, Section 11.10 such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof 11.9 and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof11.7. No co- 4166-0661-7649.19 trustee shall be appointed without the consent of the Issuer unless such appointment is required as a matter of Law or to enable the Indenture Trustee to perform its functions hereunder. The appointment of any co-trustee or separate trustee shall not relieve the Indenture Trustee of any of its obligations hereunder.

Appears in 1 contract

Samples: Oportun Financial Corp

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders Noteholders and the Bond InsurerSwap Counterparty, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof.6.8. (b) Every 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: Mmca Auto Owner Trust 2002-5

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-co- trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders Noteholders and the Bond InsurerHedge Counterparties, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-co- trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to Noteholders or the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Hedge Counterparties of the appointment of any co-co- trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co-trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (Capitalsource Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee Indenture Trustee or co-trusteesIndenture Trustees, or separate trustee Indenture Trustee or separate trusteesIndenture Trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee Indenture Trustee or separate trustee Indenture Trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee Indenture Trustee or separate trustee Indenture Trustee shall be required under this Section 6.08 6.10 hereof.;

Appears in 1 contract

Samples: Sale Agreement (Lares Asset Securitization, Inc.)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerHolders, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co–trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (Officemax Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee with the consent of the Note Insurer shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust (including, for purposes of this Section 6.10, all or any part of the Trust Estate), and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders Noteholders and the Bond Note Insurer, such title to the Trust EstateTrust, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof6.08. The Indenture Trustee shall remain primarily liable for the actions of any co-trustee.

Appears in 1 contract

Samples: Indenture (Advanta Conduit Receivables Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this IndentureBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerSecured Parties, such title to the Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this SectionSection 10.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof 10.8 and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof10.6. No co-trustee shall be appointed without the consent of the Issuer unless such appointment is required as a matter of state law or to enable the Indenture Trustee to perform its functions hereunder.

Appears in 1 contract

Samples: Base Indenture (Uici)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Indenture Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateIndenture Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerHolders, such title interest to the Trust EstateIndenture Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof. No appointment of a co—trustee or a separate trustee shall relieve the Indenture Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (Officemax Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power power, with the prior written consent of the Securities Insurer, and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 6.8 hereof; provided that the Indenture Trustee shall deliver notice of any such co-trustee or separate trustee to the Securities Insurer.

Appears in 1 contract

Samples: Firstplus Investment Corp

Time is Money Join Law Insider Premium to draft better contracts faster.