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

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 74 contracts

Samples: Indenture (SLM Student Loan Trust 2008-6), Indenture (SLM Student Loan Trust 2008-7), Indenture (SLM Student Loan Trust 2005-7)

AutoNDA by SimpleDocs

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate Fund or property securing any Mortgage Note may at the time be located, the Indenture Trustee shall have the power and may shall execute and deliver all instruments to appoint one or more Persons 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 Indenture Trust EstateFund, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust Estate, Fund or any part hereofthereof, whichever is applicable, and, subject to the other provisions of this SectionSection 8.11, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunderappropriate. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 8.09 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof.8.09. 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 49 contracts

Samples: Servicing and Trust Agreement (GSAA Home Equity Trust 2007-8), Master Servicing and Trust Agreement (GSR Mortgage Loan Trust 2007-Oa1), Servicing Agreement (GSAA Home Equity Trust 2007-10)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturehereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee 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 Indenture Trust EstateFund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust EstateFund, or any part hereofthereof, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Indenture Master Servicer and the Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 8.06 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 6.8 8.08 hereof.

Appears in 41 contracts

Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Pooling and Servicing Agreement (LB Commercial Mortgage Trust 2007-C3), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2004-C6)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Person(s) to act as a co-trustee or co-trusteestrustee(s), or separate trustee or separate trusteestrustee(s), of all or any part of the Indenture Trust Estate, and to vest in such Person or PersonsPerson(s), in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.8.

Appears in 41 contracts

Samples: Indenture (CNH Equipment Trust 2017-C), Indenture (CNH Equipment Trust 2019-C), Indenture (CNH Equipment Trust 2016-B)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, jointly with the Indenture Trustee, or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, Estate or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.08.

Appears in 37 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2020-1)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholdersholders of the Notes, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 holders of the Notes of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof.

Appears in 27 contracts

Samples: Note Purchase Agreements (National Collegiate Student Loan Trust 2005-2), Indenture (Keycorp Student Loan Trust 2002-A), www.snl.com

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture 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 an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, jointly with the Indenture Trustee, or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, Estate or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder under this Indenture 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 6.8 hereof6.08.

Appears in 11 contracts

Samples: Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (WDS Receivables LLC), Indenture (Wachovia Auto Owner Trust 2008-A)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof.

Appears in 11 contracts

Samples: Indenture (SLM Private Credit Student Loan Trust 2006-A), Indenture (SLM Private Credit Student Loan Trust 2005-A), Indenture (SLM Private Credit Student Loan Trust 2005-B)

Appointment of Co-Trustee or Separate Trustee. (a) --------------------------------------------- Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 10 contracts

Samples: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), SLM Funding Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this IndentureTrust Agreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part property of the Indenture Trust Estate may must at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders of the Trust Preferred Securities, such title to the Indenture Trust EstateTrust, or any part hereofthereof, and, subject to the other provisions of this SectionSection 6.09, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 6.03 and no notice to Noteholders the Holders of the Trust Preferred Securities of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereofrequired.

Appears in 9 contracts

Samples: Trust Agreement (UBS Preferred Funding Trust VIII), Trust Agreement (Ubs Preferred Funding Trust Iii), Trust Agreement (Ubs Preferred Funding Trust Iii)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor 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 6.8 hereof.

Appears in 8 contracts

Samples: Indenture (SLC Private Student Loan Trust 2006-A), Indenture (SLC Student Loan Trust 2007-2), Indenture (SLC Student Loan Trust 2007-1)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title interest to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 the Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof. No appointment of a co-trustee or a separate trustee shall relieve the Trustee of its duties and obligations hereunder.

Appears in 8 contracts

Samples: Indenture (NewStar Financial, Inc.), Indenture (Hercules Technology Growth Capital Inc), Indenture (Hercules Technology Growth Capital Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint at its own expense 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 Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, Estate or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.08.

Appears in 8 contracts

Samples: Vehicle Lease (Financial Services Vehicle Trust), BMW Vehicle Lease (BMW Auto Leasing LLC), Vehicle Lease Trust (Financial Services Vehicle Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, jointly with the Indenture Trustee, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.08.

Appears in 7 contracts

Samples: California Republic (California Republic Auto Receivables Trust 2017-1), California Republic (California Republic Auto Receivables Trust 2016-1), California Republic (California Republic Auto Receivables Trust 2016-1)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the consent of the Note Insurer (so long as an Insurer Default shall not have occurred and be continuing) 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 7 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments instruments, subject to the prior written consent of 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, 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. No such ; provided, however, that the Trustee shall exercise due care in the appointment shall relieve the Indenture Trustee of its obligations hereunderany co-trustee. 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 6.8 hereof11.08.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Funding, LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturehereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee 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 Indenture Trust EstateFund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust EstateFund, or any part hereofthereof, and, subject to the other provisions of this SectionSection 5.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 5.06 hereunder; provided, that if the appointment of any co-trustee or separate trustee does not meet such eligibility standards, the Trustee shall remain liable for its actions hereunder, and no notice to Certificateholders of the appointment of co-trustee(s) or separate trustee(s) shall be required under Section 6.8 5.08 hereof.

Appears in 7 contracts

Samples: Pooling Agreement (Structured Asset Mortgage Investments Ii Trust 2005-F1), Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F2), Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F3)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the trust created by this Indenture Trust Estate or the Note Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the trust created by this Indenture Trust Estateor the Note Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders, such title to the Indenture Trust EstateNote Collateral, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof.

Appears in 6 contracts

Samples: Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Comed Funding LLC), Indenture (Comed Funding LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons reasonably acceptable to the Issuing Entity to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.08.

Appears in 6 contracts

Samples: Indenture (John Deere Owner Trust 2011), Deere Owner Trust 2015 (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2013)

Appointment of Co-Trustee or Separate Trustee. (a) ---------------------------------------------- Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Note Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Note Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof.

Appears in 6 contracts

Samples: Sce Funding LLC, Pg&e Funding LLC, Pg&e Funding LLC

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Bond Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be locatedlocated or to address divergent or conflicting interests among Holders of Certificates of separate Tranches of Certificates as a result of variations in terms of the respective underlying Bonds of corresponding Tranches, the Indenture Bond Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersBondholders, such title to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Bond Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Bondholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof. Notice of any such appointment shall be promptly given to each Rating Agency by the Bond Trustee.

Appears in 5 contracts

Samples: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersSecuritization Bondholders, such title to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Securitization Bondholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof6.08. Notice of any such appointment shall be promptly given to each Rating Agency by the Trustee.

Appears in 5 contracts

Samples: Consumers Energy Co Financing V, Detroit Edison Securitization Funding LLC, Consumers Funding LLC

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the consent of the Note Insurer (so long as an Insurer Default shall not have occurred and be continuing) 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 4 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturehereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee 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 Indenture Trust EstateFund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust EstateFund, or any part hereofthereof, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Indenture Master Servicer and the Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 8.06 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 6.8 8.08 hereof. All co-trustee fees shall be payable out of the Trust Fund.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp. Series 2005-Ldp5)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indentureany Pooling and Servicing Agreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 8.6 and no notice to Noteholders Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof8.8. The Trustee shall promptly notify each Rating Agency of the appointment of any co-trustee.

Appears in 4 contracts

Samples: Pooling Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co), Pooling Agreement (Wesco Distribution Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the prior written consent of the Controlling Party 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 4 contracts

Samples: Indenture (TFC Enterprises Inc), TFC Enterprises Inc, TFC Enterprises Inc

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersSecurityholders, such title to the Indenture Trust Estatetrust, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof11.8. The Trustee shall provide written notice to each Rating Agency of any co-trustee or separate trustee so appointed.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Fingerhut Receivables Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 4 contracts

Samples: Indenture (World Omni LT), Indenture (World Omni LT), Indenture (World Omni Auto Leasing LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersNoteholders and any Swap Counterparties, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof. The Indenture Trustee shall notify the Rating Agencies of any appointment of a co-trustee or separate trustee hereunder.

Appears in 4 contracts

Samples: SMS Student Loan Trust 2000-A, SMS Student Loan Trust 2000-B, Asset Backed Securities Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments instruments, subject to the prior written consent of the Transferor, to appoint one or more Persons to act as a co-trustee co‑trustee or co-trusteesco‑trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee 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 co‑trustee or separate trustee shall be required under Section 6.8 11.08 hereof.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Credit Card Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this IndentureAgreement, any Supplement or any Receivables Purchase Agreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersInvestor Certificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Certificateholders, Receivables Purchasers or any Purchaser Representatives of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 11.8 hereof.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Charming Shoppes Master Trust), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the trust created by this Indenture Trust Estate or the Note Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the trust created by this Indenture Trust Estateor the Note Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders, such title to the Indenture Trust EstateNote Collateral, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof6.08.

Appears in 3 contracts

Samples: Interest Original Principal (Central & South West Corp), CPL Transition Funding LLC, CPL Transition Funding LLC

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this IndentureAgreement or any Supplement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-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 6.8 11.08 hereof. Any such appointment of a co- ------------- trustee shall not relieve the Trustee of its duties under this Agreement.

Appears in 3 contracts

Samples: Servicing Agreement (Compucom Systems Inc), Servicing Agreement (Safeguard Scientifics Inc Et Al), Pooling and Servicing Agreement (Compucom Systems Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturethe Trust Agreement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate any Collateral may at the time be located, the Indenture Trustee 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 it, or as separate trustee or separate trustees, of all or any part of the Indenture Trust Estateany Collateral, and subject to Section 2.08 to vest in such Person or PersonsPerson, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust Estateany Collateral, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder under the Trust Agreement shall be required to meet the terms of eligibility as a successor trustee under Trustee pursuant to Section 6.11 8.03 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under required; provided, however, that any co-trustee or separate trustee must be a "United States person" within the meaning of Section 6.8 hereof7701(a)(30) of the Code and a "bank" within the meaning of Section 581 of the Code.

Appears in 3 contracts

Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the trust created by this Indenture Trust Estate or the Transition Bond Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the trust created by this Indenture Trust Estateor the Transition Bond Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersSecured Parties, such title to the Indenture Trust EstateTransition Bond Collateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof6.08.

Appears in 3 contracts

Samples: Indenture (Aep Texas Central Co), Section    Indenture (Aep Texas Central Co), Indenture (Entergy Texas Restoration Funding, LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the consent of the Security Insurer (so long as an Insurer Default shall not have occurred and be continuing) 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 a separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 3 contracts

Samples: Indenture (TMS Auto Holdings Inc), TMS Auto Holdings Inc, FCC Receivables Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturehereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee 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 Indenture Trust EstateFund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust EstateFund, or any part hereofthereof, and, subject to the other provisions of this SectionSection 5.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 of the appointment of any co-trustee trustee(s) or separate trustee trustee(s) shall be required under Section 6.8 5.08 hereof.

Appears in 3 contracts

Samples: Trust Agreement (Residential Resources Inc), Trust Agreement (Union Planters Home Equity Corp), Trust Agreement (DLJ Mortgage Acceptance Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the trust created by this Indenture Trust Estate or the Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the trust created by this Indenture Trust Estateor the Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders, such title to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof6.08.

Appears in 3 contracts

Samples: Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof. The Indenture Trustee shall notify the Rating Agencies of any appointment of a co-trustee or separate trustee hereunder.

Appears in 3 contracts

Samples: Indenture (Signet Student Loan Trusts), Indenture (Usa Group Secondary Market Services Inc), Indenture (Wells Fargo Student Loans Receivables I LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the consent of the Controlling Note Purchaser and the Majority Noteholders of the Highest Priority Class 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersNoteholders and the Note Purchasers, such title to the Indenture Trust Estate, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 the Note Purchasers or the Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof.

Appears in 2 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the consent of the Insurer (so long as an Insurer Default shall not have occurred and be continuing) or a Note Majority (if an Insurer Default has occurred and is continuing) shall have the power and may execute and deliver all instruments to appoint one or more Persons Person(s) to act as a co-trustee or co-trusteestrustee(s), or separate trustee or separate trusteestrustee(s), of all or any part of the Indenture Trust Estate, and to vest in such Person or PersonsPerson(s), in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.8.

Appears in 2 contracts

Samples: Indenture (Asset Backed Securities Corp), Asset Backed Securities Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-co- trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 2 contracts

Samples: Indenture (SLM Student Loan Trust 2005-10), Indenture (SLM Student Loan Trust 2007-3)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof.

Appears in 2 contracts

Samples: Indenture (Chase Education Loan Trust 2007-A), Collegiate Funding of Delaware LLC

Appointment of Co-Trustee or Separate Trustee. (a) --------------------------------------------- Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 11.8 hereof.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Spiegel Credit Corp Iii), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments an instrument to appoint one or more Persons to act as a co-trustee or co-trustees, jointly with the Indenture Trustee, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, Collateral or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.08.

Appears in 2 contracts

Samples: California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2018-1)

AutoNDA by SimpleDocs

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate a Mirror Pass-Through Pool may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, such Mirror Pass-Through Pool and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholdersrelated Holders, such title to the Indenture Trust Estatesuch Mirror Pass-Through Pool, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 7.09 and no notice to Noteholders the related Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 7.06 hereof.

Appears in 2 contracts

Samples: Mirror Certificates Master Trust Agreement, Mirror Certificates Master Trust Agreement

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, 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; provided, however, that the Trustee shall exercise due care in the appointment of any co-trustee. No The Trustee shall notify the Rating Agencies of any such appointment shall relieve the Indenture Trustee of its obligations hereunderany such co-trustee. 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 6.8 hereof11.08.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nextcard Inc), Pooling and Servicing Agreement (Travelers Bank Credit Card Master Trust I)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 2 contracts

Samples: Crestar Bank /Va, PNC Student Loan Trust I

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor 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 6.8 hereof.

Appears in 2 contracts

Samples: Indenture (Crestar Bank /Va), Master Indenture (Crestar Securitization LLC)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturehereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate or property securing the same may at the time be located, the Indenture Trustee 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust EstateTrust, or any part hereofthereof, and, subject to the other provisions of this SectionSection 5.11, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 5.07 hereunder; provided, that if the appointment of any co-trustee or separate trustee does not meet such eligibility standards, the Trustee shall remain liable for its actions hereunder, and no notice to Certificateholders of the appointment of co-trustee(s) or separate trustee(s) shall be required under Section 6.8 5.09 hereof.

Appears in 2 contracts

Samples: Pooling Agreement (Bear Stearns Mortgage Securities Inc), Pooling Agreement (Structured Asset Mortgage Investments Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersNoteholders and the Swap Counterparty, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof. The Indenture Trustee shall notify the Rating Agencies of any appointment of a co-trustee or separate trustee hereunder.

Appears in 2 contracts

Samples: Usa Group Secondary Market Services Inc, Usa Group Secondary Market Services Inc

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersSecurityholders, such title to the Indenture Trust Estatetrust, or any part hereofthereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof11.8. The Trustee shall provide written notice to each Rating Agency of any co-trustee or separate trustee so appointed .

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Metris Companies Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title interest to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 hereof and no notice to the Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof. No appointment of a co-trustee or a separate trustee shall relieve the Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (Horizon Technology Finance Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title interest to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 the Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof. No appointment of a co-trustee or a separate trustee shall relieve the Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: NewStar Financial, Inc.

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title interest to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 the Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof. No appointment of a co–trustee or a separate trustee shall relieve the Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Appointment of Co-Trustee or Separate Trustee. (axviii) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Person(s) to act as a co-trustee or co-trusteestrustee(s), or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and trustee(s) for the benefit of the Noteholders, and to vest in such title Person(s), in such capacity all rights hereunder with respect to the Indenture Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee of an Indenture Trustee under Section 6.11 and no 6.11, provided, however, the Indenture Trustee shall provide the Rating Agencies notice to Noteholders of the appointment of any co-trustee or separate trustee in accordance with the notice provisions set forth in Section 11.4. The Indenture Trustee shall be required under Section 6.8 hereofremain liable for any negligence or misconduct of such co-trustee or separate trustee appointed by it hereunder.

Appears in 1 contract

Samples: Ge Equipment (GE TF Trust)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate trust may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons reasonably acceptable to the Company to act as a co-trustee or co-co- trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersSecurity Holders, such title to the Indenture Trust EstateSecurities, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 6.9 and no notice to Noteholders Security Holders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.9 hereof. All fees, charges and expenses of any co-trustee or separate trustee appointed pursuant to this Section 6.11 shall be paid by the Company.

Appears in 1 contract

Samples: Indenture (Levi Strauss & Co)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Person(s) to act as a co-trustee or co-trusteestrustee(s), or separate trustee or separate trustees, of all or any part of the Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and trustee(s) for the benefit of the Noteholders, and to vest in such title Person(s), in such capacity all rights hereunder with respect to the Indenture Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee of an Indenture Trustee under Section 6.11 and no 6.11, provided, however, the Indenture Trustee shall provide the Rating Agencies notice to Noteholders of the appointment of any co-trustee or separate trustee in accordance with the notice provisions set forth in Section 11.4. The Indenture Trustee shall be required under Section 6.8 hereofremain liable for any negligence or misconduct of such co-trustee or separate trustee appointed by it hereunder.

Appears in 1 contract

Samples: Indenture (GE TF Trust)

Appointment of Co-Trustee or Separate Trustee. (a) . (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee [with the consent of the Note Insurer (so long as a Note Insurer Default shall not have occurred and be continuing)] 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof.

Appears in 1 contract

Samples: Indenture (Long Beach Acceptance Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof. The Indenture Trustee shall notify the Rating Agencies of any appointment of a co-trustee or separate trustee hereunder.

Appears in 1 contract

Samples: Efg Funding Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this IndentureAgreement, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture assets of the Trust Estate or any Mortgaged Property may at the time be located, the Indenture Administrator and the Owner Trustee (with the consent of the Note Insurer) shall have the power and may shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee and the Note Insurer 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 Indenture Trust Estateassets 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 Indenture Trust EstateTrust, or any part hereofthereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Indenture Note Insurer and the Owner Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof6.10.

Appears in 1 contract

Samples: Trust Agreement (Imc Securities Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenturehereof, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate Fund or property securing the same may at the time be located, the Indenture Trustee 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, with the approval of the Controlling Class Representative, of all or any part of the Indenture Trust EstateFund, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholderscapacity, such title to the Indenture Trust EstateFund, or any part hereofthereof, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Indenture Master Servicer and the Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 8.06 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 6.8 8.08 hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CDC Commercial Mortgage Trust 2002-Fx1)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee (with the consent of the Facility Administrator (which consent shall not be unreasonably withheld)) shall have the power and may execute and deliver all instruments to appoint one or more Persons Person(s) to act as a co-trustee or co-trusteestrustee(s), or separate trustee or separate trusteestrustee(s), of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or PersonsPerson(s), in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateCollateral, or any part hereofthereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section SECTION 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereofSECTION 6.8.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Appointment of Co-Trustee or Separate Trustee. (a) --------------------------------------------- Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Note Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Note Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof.

Appears in 1 contract

Samples: Sce Funding LLC

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Pledged Property may at the time be located, the Indenture Trustee [with the consent of the Note Insurer (so long as a Note Insurer Default shall not have occurred and be continuing)] 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 Indenture Trust EstatePledged Property, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstatePledged Property, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee Indenture Trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof.

Appears in 1 contract

Samples: Long Beach Acceptance Corp

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders of the Notes, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 Holders of the Notes of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof.

Appears in 1 contract

Samples: Key Consumer Receivables LLC

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this IndentureAgreement or any Supplement, at any time, for the purpose of meeting any legal requirement requirements of any jurisdiction in which any part of the Indenture Trust Estate Assets may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint appoint, with the prior written consent of the Servicer, 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 Indenture Trust EstateAssets, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateAssets, or any part hereofthereof, 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. No With the consent of Investor Certificateholders evidencing more than 50% of the Invested Amount of each Series, any such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall not be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the 11.6. Any such appointment of any a co-trustee or separate trustee shall be required not relieve the Trustee of its obligations under Section 6.8 hereofthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stone Container Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 36 co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof. The Indenture Trustee shall notify the Rating Agencies of any appointment of a co-trustee or separate trustee hereunder.

Appears in 1 contract

Samples: Indenture (Nellie Mae Education Loan Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral or the Senior Note Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral or the Senior Note Collateral, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersHolders, such title to interest in the Indenture Trust EstateCollateral or the Senior Note Collateral, or any part hereofthereof, and, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 7.10, and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 7.8(f) hereof.

Appears in 1 contract

Samples: Indenture (PLD Telekom Inc)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate Collateral may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons Persons, to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateCollateral, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title interest to the Indenture Trust EstateCollateral, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 the Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 6.08 hereof; provided that the Trustee provide such notice to the Issuer and the Servicer. No appointment of a co-trustee or a separate trustee shall relieve the Trustee of its duties and obligations hereunder.

Appears in 1 contract

Samples: Indenture (Ares Capital Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee with the consent of the Required Noteholders 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 Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust EstateTrust, or any part hereof, 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. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 hereof.

Appears in 1 contract

Samples: Indenture (Americredit Corp)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such 37 appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 6.8 6.08 hereof.

Appears in 1 contract

Samples: Indenture (SLM Private Credit Student Loan Trust 2006-C)

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments 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 Indenture Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholdersholders of the Notes, such title to the Indenture Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. 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 holders of the Notes of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof.6.08 hereof.‌

Appears in 1 contract

Samples: www.snl.com

Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other 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 Indenture Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Indenture Trust EstateTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the NoteholdersCertificateholders, such title to the Indenture Trust EstateTrust, or any part hereofthereof, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No such appointment shall relieve the Indenture Trustee of its obligations hereunder. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 8.6 and no notice to Noteholders Certificateholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.8 hereof8.8. The Trustee shall promptly notify each Rating Agency of the appointment of any co-trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (General Cable Corp /De/)

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