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

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 26 contracts

Samples: Indenture (American Honda Receivables LLC), Indenture (Honda Auto Receivables 2016-3 Owner Trust), Indenture (Honda Auto Receivables 2018-1 Owner Trust)

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Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 9.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 9.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.089.3.

Appears in 24 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2007-1), Trust Agreement (USAA Auto Owner Trust 2007-2), Trust Agreement (Bear Stearns Asset Backed Funding Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any of the Dealers may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 19 contracts

Samples: Trust Agreement (Superior Wholesale Inventory Financing Trust X), Trust Agreement (Wholesale Auto Receivables Corp), Trust Agreement (Superior Wholesale Inventory Financing Trust Xi)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request to do so, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 18 contracts

Samples: Trust Agreement (Navistar Financial Retail Rec Corp Navistar Fin 04 a Own Tr), Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrator acting jointly, jointly 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 Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersNoteholders and the Insurer, such title to the Owner Trust Estate Estate, or any part thereofhereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrator may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 16 contracts

Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Receivables Corp 2), Indenture (WFS Financial Auto Loans Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may Fund at the time be located, the Indenture Trustee Depositor and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trusteestrustees jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the TrustTrust Fund, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate Fund or any part thereof, whichever is applicable, and, subject to the other provisions of this SectionSection 5.11, such powers, duties, obligations, rights and trusts as the Indenture Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 5.07 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.5.09. 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 15 contracts

Samples: Trust Agreement (Alternative Loan Trust Resecuritization 2007-26r), Trust Agreement (CHL Mortgage Pass-Through Trust Resecuritization 2008-2r), Trust Agreement (Residential Asset Securitization Trust 2007-R1)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrator acting jointly, jointly 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 Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate Estate, or any part thereofhereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrator may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 15 contracts

Samples: Indenture (WFS Receivables Corp 4), Indenture (WFS Receivables Corp 3), Indenture (WFS Financial 2004-4 Owner Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 10.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.3.

Appears in 14 contracts

Samples: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indentureprovisions hereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee Certificate Administrator and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trustees, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the TrustTrust Fund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Fund, or any part thereof, and, subject to the other provisions of this SectionSection 5.09, such powers, duties, obligations, rights and trusts as the Indenture Certificate Administrator and the Trustee may consider necessary or desirable. If the Certificate Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 5.05 hereunder and no notice to Noteholders Holders of Trust Certificates of the appointment of any co-trustee trustee(s) or separate trustee trustee(s) shall be required under Section 6.085.07 hereof.

Appears in 8 contracts

Samples: Trust Agreement (RALI Series 2005-Qr1 Trust), Trust Agreement (Stanwich Asset Acceptance CO LLC), Trust Agreement (RALI Series 2008-QR1Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any of the Dealers may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Issuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 6 contracts

Samples: Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Auto Receivables Trust 2015-2)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenturethe Series Trust Agreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate Assets may at the time be located, the Indenture Trustee Depositor and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Assets, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate Assets, or any part thereof, and, subject to the other provisions of this SectionSection 7.13, such powers, duties, obligations, rights and trusts as the Indenture Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under the Series Trust Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 7.14 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.087.11.

Appears in 6 contracts

Samples: Series Trust Agreement (Corporate Asset Backed Corp), Series Trust Agreement (Corporate Asset Backed Corp), Series Trust Agreement (Corporate Asset Backed Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 6 contracts

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under Owner Trustee pursuant to Section 6.11 10.01 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.03.

Appears in 6 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2015-A), Trust Agreement (Hyundai Auto Receivables Trust 2022-A), Trust Agreement (Hyundai Auto Receivables Trust 2024-A)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Assets may at the any time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may execute and deliver all instruments to appoint one or more Persons persons approved by the Administrator, and Owner Trustee and consented to by the Credit Enhancer, to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trusteestrustee, of all or any part of the TrustAssets, and to vest in such Person or Personsthat person, in such capacity and for the benefit of the Noteholdersthat capacity, such title to the Owner Trust Estate Assets or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts obligations as the Indenture Administrator and the Owner Trustee may consider necessary or desirableappropriate. If the Administrator shall has not have joined in such the appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have may make the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.08.10.02. Each separate trustee and co-trustee shall be appointed and act subject to the following provisions and conditions:

Appears in 5 contracts

Samples: Trust Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-G), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-H)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Asset may at the time be located, the Indenture Trustee Servicer and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights rights, and trusts as the Indenture Servicer and the Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under Trustee pursuant to Section 6.11 10.06 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.08.10.08. 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: Pooling and Servicing Agreement (Ml Asset Backed Corp), Pooling and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Pooling and Servicing Agreement (National City Bank /)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Servicer and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Servicer and the Owner Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 4 contracts

Samples: Trust Agreement (Cit Group Securitization Corp Ii), Trust Agreement (Cit Rv Trust 1997 A), Trust Agreement (Cit Rv Trust 1998-A)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Collateral may at the time be located, the Indenture Trustee Servicer and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Servicer and Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this SectionSection 10.05, such powers, duties, obligations, rights and trusts as the Indenture Servicer and the Owner Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under Owner Trustee pursuant to Section 6.11 10.01 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.03.

Appears in 3 contracts

Samples: Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 9.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 9.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.089.3.

Appears in 3 contracts

Samples: Trust Agreement (Usaa Federal Savings Bank), Trust Agreement (Usaa Federal Savings Bank), Trust Agreement (Usaa Federal Savings Bank Usaa Auto Owner Trust 2001-1)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteesco- trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 10.1 and no notice to Noteholders of the appointment of any co-co- trustee or separate trustee shall be required under pursuant to Section 6.0810.3.

Appears in 3 contracts

Samples: Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC), Authority And (Ford Credit Auto Receivables Two L P)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any of the Dealers may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Issuer, or any part thereof, and, subject to the other provisions of this SectionSection , such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 3 contracts

Samples: Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indentureprovisions hereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Property or property securing the same may at the time be located, the Indenture Trustee Depositor and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trustees, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the TrustTrust Property, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Property, or any part thereof, and, and subject to the other provisions of this SectionSection 5.10, such powers, duties, obligations, rights and trusts as the Indenture Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 5.06 hereunder and no notice to Noteholders Holders of Certificates or Rating Agencies of the appointment of any co-trustee trustee(s) or separate trustee trustee(s) shall be required under Section 6.085.08.

Appears in 3 contracts

Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Asset Backed Securities Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrator acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Senior Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrator may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Senior Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 3 contracts

Samples: Ryder Truck Rental I Lp, Ryder Truck Rental I Lp, BMW Vehicle Lease Trust 2000-A

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Property, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 10.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.3.

Appears in 3 contracts

Samples: Trust Agreement (Ford Credit Auto Owner Trust 2005-B), Trust Agreement (Ford Credit Auto Owner Trust 2005-A), Trust Agreement (Ford Credit Auto Owner Trust 2004-A)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate Assets may at the time be located, the Indenture Trustee Depositor and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee and the Depositor to act as a co-trustee or co-trusteestrustee, jointly with the Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Assets, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate Assets, or any part thereof, and, subject to the other provisions of this SectionSection 7.13, such powers, duties, obligations, rights and trusts as the Indenture Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 7.14 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.087.11.

Appears in 3 contracts

Samples: Trust Agreement (Corporate Asset Backed Corp), Call Option Agreement (Corporate Asset Backed Corp), Trust Agreement (Corporate Asset Backed Corp Cabco Series 2004 1 Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.. 39

Appears in 2 contracts

Samples: Honda Auto Receivables 2021-2 Owner Trust, Honda Auto Receivables 2021-2 Owner Trust

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments to appoint one or more Persons (who may be an employee or employees of Trustee) to act as a co-trustee Trustee or co-trusteesTrustees, or separate trustee Trustee or separate trusteesTrustees, of with respect to all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this Sectionsection, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in appropriate; provided, that such appointment within fifteen (15) days after its receipt shall be subject to the prior written consent of a request to do soTransferor unless an Early Amortization Event or Servicer Default is continuing; and provided further, the Indenture that in any event Trustee alone shall have the power to make will give Transferor and Servicer prior written notice of such appointment. No co-trustee Trustee or separate trustee hereunder Trustee shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 11.6 and no notice to Noteholders Certificateholders of the appointment of any co-trustee Trustee or separate trustee Trustee shall be required under Section 6.0811.8.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee Company and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Company and Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Company and the Owner Trustee may consider necessary or desirable. If the Administrator Company shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request to do so, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee under Section 6.11 10.01 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.10.03. 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 2 contracts

Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenturethe Agreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Boat may at the time be located, the Indenture Trustee Servicer and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest vent in such Person or PersonsPerson, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 19.13, such powers, duties, obligations, rights and trusts as the Indenture Servicer and the Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, or in the case an Event of Default shall have occurred and be continuing, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under the Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 19.9 and no notice of a successor trustee pursuant to Section 19.11 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0819.11.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Nationscredit Securitization Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments to appoint one or more Persons (which may be an employee or employees of the Trustee) to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders and the Purchasers, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 11.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointmentappropriate. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 11.06 and no notice to Noteholders Certificateholders of the appointment of any such co-trustee or separate trustee shall be required under Section 6.0811.08; provided, however, that the Trustee shall give the Administrator and NAFCO notice of any such appointment as promptly as practicable.

Appears in 2 contracts

Samples: Pooling and Administration Agreement (National Auto Finance Co Inc), Pooling and Administration Agreement (National Auto Finance Co Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Property, or any part thereof, and, subject to the other provisions of this SectionSection 9.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 9.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.089.3.

Appears in 2 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2008-1), Trust Agreement (Usaa Acceptance LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 2 contracts

Samples: Trust Agreement (Alliance Laundry Systems LLC), Trust Agreement (Alliance Laundry Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request to do so, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee, provided that such co-trustee under Section 6.11 or successor trustee must be acceptable to the Rating Agency and no notice to Noteholders of the appointment of any co-co- trustee or separate trustee shall be required under pursuant to Section 6.0810.03.

Appears in 2 contracts

Samples: Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrative Agent acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrative Agent may consider necessary or desirable. If the Administrator Administrative Agent shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders or the Cap Provider of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 2 contracts

Samples: Indenture (Nissan Auto Lease Trust 2004-A), Nissan Auto Lease Trust 2003-A

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrative Agent acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrative Agent may consider necessary or desirable. If the Administrator Administrative Agent shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indentureprovisions hereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of having authority over the Owner Trust Estate may at the time be locatedTrust, the Indenture Trustee Loans or the Obligors, the Company and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trustees, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 11.13, such powers, duties, obligations, rights and trusts as the Indenture Company and the Trustee may consider necessary or desirable. If the Administrator Company shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request to do so, or in case an Event of Termination shall have occurred and be continuing, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 11.07 hereunder and no notice to Noteholders Certificateholders or the Class C Certificateholders of the appointment of any co-trustee trustee(s) or separate trustee trustee(s) shall be required under Section 6.0811.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.. 44

Appears in 1 contract

Samples: Honda Auto Receivables 2007-3 Owner Trust

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrator acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrator may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.086.8.

Appears in 1 contract

Samples: Indenture (Volkswagen Public Auto Loan Securitization LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.. 41

Appears in 1 contract

Samples: Indenture (Honda Auto Receivables 2009-1 Owner Trust)

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Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Indenture Admidistrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 10.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.3.

Appears in 1 contract

Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Assets may at the any time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may execute and deliver all instruments to appoint one or more Persons persons approved by the Administrator and Owner Trustee and reasonably consented to by the Credit Enhancer to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trusteestrustee, of all or any part of the TrustAssets, and to vest in such Person or Personsthat person, in such capacity and for the benefit of the Noteholdersthat capacity, such title to the Owner Trust Estate Assets or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts obligations as the Indenture Administrator and the Owner Trustee may consider necessary or desirableappropriate. If the Administrator shall has not have joined in such the appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have may make the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.08.10.02. Each separate trustee and co-trustee shall be appointed and act subject to the following provisions and conditions:

Appears in 1 contract

Samples: Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-J)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any of the Dealers may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture ------------ Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-co- ------------ trustee or separate trustee shall be required under pursuant to Section 6.08.6.10. ------------

Appears in 1 contract

Samples: Trust Agreement (Volkswagen Dealer Finance LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments to appoint one or more Persons (who may be an employee or employees of Trustee) to act as a co-trustee Trustee or co-trusteesTrustees, or separate trustee Trustee or separate trusteesTrustees, of with respect to all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders and the Purchasers, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this Sectionsection, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in appropriate; provided, that such appointment within fifteen (15) days after its receipt shall be subject to the prior written consent of a request to do soTransferor unless an Early Amortization Event or Servicer Termination Event is continuing; and provided further, the Indenture that in any event Trustee alone shall have the power to make will give Transferor and Servicer prior written notice of such appointment. No co-trustee Trustee or separate trustee hereunder Trustee shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 11.6 and no notice to Noteholders Certificateholders, Agents or Purchasers of the appointment of any co-trustee Trustee or separate trustee Trustee shall be required under Section 6.0811.8.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Big Flower Press Holdings Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Collateral may at the time be located, the Indenture Trustee Servicer and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Servicer and Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this SectionSection 10.05, such powers, duties, obligations, rights and trusts as the Indenture Servicer and the Owner Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under Owner Trustee pursuant to Section 6.11 10.01 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.03.

Appears in 1 contract

Samples: Trust Agreement (American Capital Strategies LTD)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indentureprovisions hereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee Depositor and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trustees, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the TrustTrust Fund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Fund, or any part thereof, and, subject to the other provisions of this SectionSection 5.09, such powers, duties, obligations, rights and trusts as the Indenture Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 5.05 hereunder and no notice to Noteholders Holders of Certificates of the appointment of any co-trustee trustee(s) or separate trustee trustee(s) shall be required under Section 6.085.07 hereof.

Appears in 1 contract

Samples: Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Collateral may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments to appoint one or more Persons (who may be an employee or employees of Trustee) to act as a co-trustee Trustee or co-trusteesTrustees, or separate trustee Trustee or separate trusteesTrustees, of with respect to all or any part of the TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, Noteholders such title to the Owner Trust Estate Collateral, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in appropriate; PROVIDED, that such appointment within fifteen (15) days after its receipt shall be subject to the prior written consent of a request to do soIssuer unless an Event of Default or Servicer Default is continuing; and PROVIDED FURTHER, the Indenture that in any event Trustee alone shall have the power to make will give Issuer and Servicer prior written notice of such appointment. No co-trustee Trustee or separate trustee hereunder Trustee shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 SECTION 11.6 and no notice to Noteholders of the appointment of any co-trustee Trustee or separate trustee Trustee shall be required under Section 6.08SECTION 11.8.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vertis Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrator acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrator may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 1 contract

Samples: Trust Indenture (Ryder Truck Rental Lt)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenturethe Series Trust Agreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate Assets may at the time be located, the Indenture Trustee Depositor and the Administrator, Trustee acting jointly, jointly shall have the power and may shall EXHIBIT 4.4 execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Assets, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate Assets, or any part thereof, and, subject to the other provisions of this SectionSection 7.13, such powers, duties, obligations, rights and trusts as the Indenture Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under the Series Trust Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 7.14 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.087.11.

Appears in 1 contract

Samples: Series Trust Agreement (Corporate Asset Backed Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrative Agent acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrative Agent may consider necessary or desirable. If the Administrator Administrative Agent shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture 35 Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders or the Cap Provider of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 1 contract

Samples: Nissan Auto Leasing LLC Ii

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments instruments, subject to the prior written notice to the Transferor, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 11.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If ; provided, however, that such appointed co-trustee or separate trustee agrees to comply with the Administrator shall not have joined in such appointment within fifteen (15) days after its receipt terms of a request this Agreement, including the requirement to do so, the Indenture Trustee alone shall have the power provide an assessment pursuant to make such appointmentSection 14.04 hereof. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 11.06 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.0811.08 hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrative Agent acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrative Agent may consider necessary or desirable. If the Administrator Administrative Agent shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders [or the [Swap Counterparty][Cap Provider]] of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 1 contract

Samples: Indenture Default (Nissan-Infiniti Lt)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustTrust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee, provided that such co-trustee under Section 6.11 or successor trustee must be acceptable to the Rating Agency and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0810.03.

Appears in 1 contract

Samples: Trust Agreement (Onyx Acceptance Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Boat may at the time be located, the Indenture Trustee Servicer and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Servicer and the Owner Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 1 contract

Samples: Trust Agreement (Cit Group Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the TrustOwner Trust Estate, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Estate, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 6.13 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.086.10.

Appears in 1 contract

Samples: Trust Agreement (Alliance Laundry Systems LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.. 42

Appears in 1 contract

Samples: Honda Auto Receivables 2009-3 Owner Trust

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, Administrative Agent acting jointly, jointly 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 TrustCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, hereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrative Agent may consider necessary or desirable. If the Administrator Administrative Agent shall not have joined in such appointment within fifteen (15) 15 days after its receipt of it received a request to do sothat it so join, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders [or the [Swap Counterparty][Cap Provider]] of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.. 45 (NALT 20[●]-[●] Indenture)

Appears in 1 contract

Samples: Indenture Default (Nissan-Infiniti Lt)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indentureprovisions hereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of having authority over the Owner Trust Estate may at the time be locatedTrust, the Indenture Contracts or the Obligors, the Company and Trustee and the Administrator, acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trustees, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 11.13, such powers, duties, obligations, rights and trusts as the Indenture Company and the Trustee may consider necessary or desirable. If the Administrator Company shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request to do so, or in case an Event of Termination shall have occurred and be continuing, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 11.07 hereunder and no notice to Noteholders Certificateholders or the Class C Certificateholder of the appointment of any co-trustee trustee(s) or separate trustee trustee(s) shall be required under Section 6.0811.09 hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate or any Boat may at the time be located, the Indenture Trustee Servicer and the Administrator, Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest vent in such Person or PersonsPerson, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this SectionSection 15.13, such powers, duties, obligations, rights and trusts as the Indenture Servicer and the Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within fifteen (15) 15 days after its the receipt by it of a request so to do sodo, or in the case an Event of Default shall have occurred and be continuing, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 15.9 and no notice of a successor trustee pursuant to Section 15.11 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.0815.11.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement Requirements of Law of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersSecurityholders, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 11.6 and no notice to Noteholders Securityholders of the appointment of any co- trustee or separate trustee shall be required under Section 11.8; provided that -------- the Trustee, or the Servicer on behalf of the Trustee, shall provide written notice to the Rating Agency of the appointment of any co-trustee or separate trustee shall be required under pursuant to the Section 6.08within five Business Days of any such appointment.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First National Bank of Atlanta)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner Indenture Trust Estate may at the such time be located, the Indenture Trustee and the Administrator, acting jointly, 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 Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Indenture Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee and the Administrator may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 6.12, and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.086.09.

Appears in 1 contract

Samples: Fleetwood Credit Receivables Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments instruments, subject to the prior written notice to the Transferor, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate trust, or any part thereof, and, subject to the other provisions of this SectionSection 11.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If ; provided, however, that such appointed co-trustee or separate trustee agrees to comply with the Administrator shall not have joined in such appointment within fifteen (15) days after its receipt terms of a request this Agreement, including the requirement to do so, the Indenture Trustee alone shall have the power provide an assessment pursuant to make such appointmentSection 14.04 hereof. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 11.06 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.0811.08 hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Indenture Trustee Administrator and the Administrator, Owner Trustee acting jointly, jointly shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as a co-trustee or co-trusteestrustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Owner Trust Estate Property, or any part thereof, and, subject to the other provisions of this SectionSection 9.5, such powers, duties, obligations, rights and trusts as the Indenture Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after its the receipt by it of a request so to do sodo, the Indenture Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder under this Agreement shall be required to meet the terms of eligibility as a successor trustee under pursuant to Section 6.11 9.1 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under pursuant to Section 6.089.3.

Appears in 1 contract

Samples: Trust Agreement (Ford Credit Auto Owner Trust 2005-C)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Owner Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, shall have the power and may execute and deliver all instruments to appoint one or more Persons (who may be an employee or employees of Trustee) to act as a co-trustee Trustee or co-trusteesTrustees, or separate trustee Trustee or separate trusteesTrustees, of with respect to all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Owner Trust Estate Trust, or any part thereof, and, subject to the other provisions of this Sectionsection, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in appropriate; provided, that such appointment within fifteen (15) days after its receipt shall be subject to the prior written consent of a request to do soTransferor unless an Early Amortization Event or Servicer Default is continuing; and provided further, the Indenture that in any event Trustee alone shall have the power to make will give Transferor and Servicer prior written notice of such appointment. No co-trustee Trustee or separate trustee hereunder Trustee shall be required to meet the terms of eligibility as a successor trustee Trustee under Section 6.11 11.5 and no notice to Noteholders Certificateholders of the ------------ appointment of any co-trustee Trustee or separate trustee Trustee shall be required under Section 6.08.11.7. ------------

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Healthcare Financial Partners Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Owner 41 Trust Estate may at the time be located, the Indenture Trustee and the Administrator, acting jointly, 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, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Owner Trust Estate or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) 15 days after its receipt of a request to do so, the Indenture Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08.

Appears in 1 contract

Samples: Indenture (American Honda Receivables Corp)

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