Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assets, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 46 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing any Mortgage Note may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.059.11, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 9.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.039.09. Each 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 16 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Trust 2005-He3), Pooling and Servicing Agreement (Nomura Asset Acc Corp Alter Ln Tr Ser 2003-A3), Pooling and Servicing Agreement (NAAC Alternative Loan Trust, Series 2005 - AP1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and and, at the request of the Trust Depositor, shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assets, and to vest in such Person, in such capacity, such title to the Trust Assets, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.01. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 16 contracts
Samples: Trust Agreement (Cit Funding Co, LLC), Trust Agreement (Cit Equipment Collateral 2001-1), Trust Agreement (NCT Funding Co LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 14 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing any Mortgage Note may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.058.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirableappropriate. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 8.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.038.08. Each 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 9 contracts
Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-He1)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Assets Estate or any Property may at the time be located, the Sponsor and the Owner Trustee acting jointly (with the consent of the Note Insurer) shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and the Note Insurer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assetsassets of the Trust, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Note Insurer and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.3.
Appears in 9 contracts
Samples: Trust Agreement (Bear Stearns Asset Backed Securities Inc), Trust Agreement (First Alliance Mortgage Loan Trust 1998-1f), Owner Trust Agreement (Imc Home Equity Loan Owner Trust 1997-6)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.05, 11.10 such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.9 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0311.7. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Issuer unless such appointment is required as a matter of Law or to enable the following provisions and conditions:Trustee to perform its functions hereunder. The appointment of any co-trustee or separate trustee shall not relieve the Trustee of any of its obligations hereunder.
Appears in 9 contracts
Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and acceptable to the Note Insurer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.05, such powers, duties, obligations, rights and trusts as the Sponsor Note Insurer and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 11.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.03.
Appears in 9 contracts
Samples: Trust Agreement (Accredited Mortgage Loan Trust 2003-3), Trust Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Trust Agreement (Accredited Mortgage Loan Trust 2004-2)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate or any Financed Vehicle may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Estate or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 8 contracts
Samples: Trust Agreement (Merrill Auto Trust Securitization 2008-1), Trust Agreement (Merrill Auto Trust Securitization 2005-1), Trust Agreement (Goldman Sachs Asset Backed Securities Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements Requirements of Law of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments instruments, subject to the prior written consent of the Transferors, which consent shall not be unreasonably withheld, to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (National City Credit Card Master Trust), Pooling and Servicing Agreement (Advanta Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Trust Assets Fund may at the time be located, the Sponsor and Trustee shall, at the Owner Trustee acting jointly shall expense of the Trust Fund, have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund, or any part thereof hereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.018.11 hereof and notice to, and no notice consent of the Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03required. Each 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 6 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Issuing Entity and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of Owner Trustee and acceptable to the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Issuing Entity, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 11.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.03.
Appears in 6 contracts
Samples: Trust Agreement (NovaStar Certificates Financing LLC), Trust Agreement (Accredited Mortgage Loan REIT Trust), Trust Agreement (Accredited Mortgage Loan REIT Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing any Mortgage Note may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.058.11, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirableappropriate. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 8.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.038.09. Each 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 5 contracts
Samples: Servicing Agreement (Gsaa Home Equity Trust 2004-8), Servicing Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7), Servicing Agreement (Gsaa Home Equity Trust 2004-8)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Indenture Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Indenture Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Indenture Trustee pursuant to under Section 10.01, 10.7 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.8. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Issuer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Indenture Trustee to perform its functions hereunder.
Appears in 5 contracts
Samples: Base Indenture (Enova International, Inc.), Backup Servicing Agreement (On Deck Capital, Inc.), On Deck Capital Inc
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at acceptable to the direction of the Sponsor and Owner Trustee Credit Enhancer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 5 contracts
Samples: Trust Agreement (MSCC HELOC Trust 2007-1), Trust Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Trust Agreement (Heloc Asset-Backed Notes Series 2003-2)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 10.01 hereof and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.03 hereof. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 5 contracts
Samples: Trust Agreement (BBX Capital Corp), Trust Agreement (BBX Capital Corp), Trust Agreement (Bluegreen Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of Owner Trustee and acceptable to the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 11.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.03.
Appears in 5 contracts
Samples: Trust Agreement (Accredited Mortgage Loan Trust 2005-1), Trust Agreement (Accredited Mortgage Loan Trust 2004-3), Trust Agreement (Accredited Mortgage Loan Trust 2005-2)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Property or any Financed Vehicle may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsProperty, and to vest in such Person, in such capacity, such title to the Trust Property or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 4 contracts
Samples: Trust Agreement (GS Auto Loan Trust 2005-1), Trust Agreement (Gs Auto Loan Trust 2004-1), Trust Agreement (GS Auto Loan Trust 2007-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing any Mortgage Note may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.058.11, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirableappropriate. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 8.07 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.038.09. Each 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 4 contracts
Samples: Trust Agreement (GSAA Home Equity Trust 2005-7), Trust Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Sea2), Trust Agreement (Gsaa Home Equity Trust 2004-6)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and and, at the request of the Depositor, shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assets, and to vest in such Person, in such capacity, such title to the Trust Assets, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.01. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 4 contracts
Samples: Trust Agreement (Cit Funding Co, LLC), Trust Agreement (Cit Equipment Collateral 2006-Vt2), Trust Agreement (CIT Equipment Collateral 2005-Ef1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.03, except that notice to, and the consent of, the Bond Insurer shall be required for appointment of a co-trustee. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 4 contracts
Samples: Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Novastar Mortgage Funding Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.05, 11.10 such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.9 and no notice to Noteholders or Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0311.7. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Issuer unless such appointment is required as a matter of Law or to enable the following provisions and conditions:Trustee to perform its functions hereunder. The appointment of any co-trustee or separate trustee shall not relieve the Trustee of any of its obligations hereunder.
Appears in 3 contracts
Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp), Oportun Financial Corp
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Issuing Entity and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and acceptable to the Depositor to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Issuing Entity, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.05, such powers, duties, obligations, rights and trusts as the Sponsor Depositor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 11.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.03.
Appears in 3 contracts
Samples: Trust Agreement (NovaStar Mortgage Funding Trust, Series 2006-1), Trust Agreement (NovaStar Certificates Financing CORP), Trust Agreement (NovaStar Certificates Financing CORP)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and acceptable to the Note Insurer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights rights, and trusts as the Sponsor Note Insurer and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 3 contracts
Samples: Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/), Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/), Deposit Trust Agreement (Financial Asset Securities Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assets, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.1. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Antigua Funding Corp), Trust Agreement (Capita Equipment Receivables Trust 1996-1), Trust Agreement (Antigua Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee or the Note Insurer may consider necessary or desirable. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.03, except that notice to, and the consent of, the Note Insurer shall be required for appointment of a co-trustee. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Pacificamerica Money Center Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and acceptable to the Note Insurer to act as co-trusteecotrustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Note Insurer and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 3 contracts
Samples: Deposit Trust Agreement (Residential Asset Funding Corp), Deposit Trust Agreement (Residential Asset Funding Corp), Deposit Trust Agreement (Prudential Securities Secured Financing Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and acceptable to the Bond Insurer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights rights, and trusts as the Sponsor Bond Insurer and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 3 contracts
Samples: Deposit Trust Agreement (Residential Resources Inc), Deposit Trust Agreement (Union Planters Mortgage Finance Corp), Deposit Trust Agreement (Union Planters Home Equity Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing any Mortgage Note may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.058.10, such powers, duties, obligations, rights and trusts as the Sponsor Servicer and the Owner Trustee may consider necessary or desirableappropriate. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 8.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.038.08. Each 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 3 contracts
Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp Trust 2007-Opt1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Wf1), Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting the activities of the Issuer under the Transaction Documents including any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly Depositor shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee Depositor may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Fifth Third Auto Trust 2023-1), Trust Agreement (Fifth Third Auto Trust 2023-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly with the consent of the Note Insurer shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Origen Residential Securities, Inc.), Trust Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Issuer and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of Owner Trustee and acceptable to the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Issuer, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 11.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.03.
Appears in 2 contracts
Samples: Trust Agreement (Accredited Mortgage Loan Trust 2005-4), Trust Agreement (Accredited Mortgage Loan Trust 2005-3)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate or any Collateral may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates under the Sale and Servicing Agreement, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and the Insurer (so long as the Class A Notes are Outstanding or any Reimbursement Amounts remain due and owing to the Insurer and no Insurer Default has occurred and is continuing) to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:9.03.
Appears in 2 contracts
Samples: Trust Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 25 days after the receipt by it of a request so to do, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Toyota Lease Trust), Trust Agreement (Toyota Lease Trust)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Indenture Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsIndenture Collateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Indenture Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of HVF unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Hertz Corp), Hertz Global Holdings Inc
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreementhereof, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing the same may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee or co-trustees, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacity, such title to the Trust Fund, or any part thereof thereof, and, subject to the other provisions of this Section 10.055.11, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.015.07 hereunder; provided, and no notice of 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 pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:5.09 hereof.
Appears in 2 contracts
Samples: Pooling Agreement (Bear Stearns Mortgage Securities Inc), Pooling Agreement (Bear Stearns Mortgage Securities Inc)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Servicer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 2 contracts
Samples: Vanguard Car Rental Group Inc., Vanguard Car Rental Group Inc.
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets or any Mortgaged Property may at the time be located, the Sponsor Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee or co-trustees, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.056.10, such powers, duties, obligations, rights and trusts as any Servicer or the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to under Section 10.016.06, and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.036.08. Each The Seller shall be responsible for the fees of any co-trustee or separate trustee appointed hereunder. 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 2 contracts
Samples: Pooling Agreement (Morgan Stanley Abs Capital I Inc Trust Series 2004-Sd1), Pooling Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 of and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6 of this Base Indenture. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Servicer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 2 contracts
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Holders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, that Trustee shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.6 and no notice to Holders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.8.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (World Financial Network National Bank)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Property may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall authority and is hereby authorized and empowered to execute and deliver all instruments to appoint one or more Persons at approved by the direction of Trustee and the Sponsor and Owner Trustee Administrator to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsProperty, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.1, except that notice of such appointment shall be given to the Rating Agencies and the Note Insurer. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nelnet Inc), Trust Agreement (Nelnet Student Loan Corp 1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Property may at the time be located, the Sponsor Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-co- trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsProperty, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 11.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0311.1. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Grantor Trust Agreement (Green Tree Financial Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.6 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.8.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting time any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co- trustees, or as separate trustee or separate trustees, of all or any part of the Trust Assets, Trustee and to vest in such Person, Person or Persons in such capacitycapacity and for the benefit of the certificateholders, such title to the Trust Trust, or any part thereof he other provisions of this thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; PROVIDED, HOWEVER, that the Trustee shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets or any Receivable may at the time be located, the Sponsor Administrator, on behalf of the Trust, and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at Person(s) approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee(s), jointly with the Owner Trustee, or as separate trustee or separate trusteestrustee(s), of all or any part of the Trust AssetsEstate, and to vest in such PersonPerson(s), in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Administrator, on behalf of the Trust, and the Owner Trustee may consider necessary or desirable. If the Administrator, on behalf of the Trust, shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (GE Capital Credit Card Master Note Trust)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.059.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.019.8, and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.039.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Master Servicer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Occupancy and Services Agreement (Dollar Thrifty Automotive Group Inc)
Appointment of Co-Trustee or Separate Trustee. (a) --------------------------------------------- Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due -------- ------- care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee -------- -------- shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) --------------------------------------------- Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting time any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co- trustees, or as separate trustee or separate trustees, of all or any part of the Trust Assets, Trustee and to vest in such Person, Person or Persons in such capacitycapacity and for the benefit of the certificateholders, such title to the Trust Trust, or any part thereof he other provisions of this thereof, and, subject to the other provisions of this Section 10.0511-10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due care in the -------- ------- appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of BTF unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Cendant Corp
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.058.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 8.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.038.08. Each Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (MASTR Seasoned Securitization Trust 2004-2)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Property may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall authority and is hereby authorized and empowered to execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee Administrator to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsProperty, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.1, except that notice of such appointment shall be given to the Rating Agencies and the Note Insurer. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (Nelnet Inc)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement2010-1 Base Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.6 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0311.7. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of each Issuer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Limited Guarantee (Amerco /Nv/)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.9 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.7 of this Base Indenture. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Servicer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement2007-1 Base Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.6 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0311.7. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of each Issuer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Limited Guarantee (Amerco /Nv/)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and and, at the request of the Depositor, shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assets, and to vest in such Person, in such capacity, such title to the Trust Assets, or any part thereof thereof, and, subject to the other provisions of this Section 10.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.01. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (CIT Equipment Collateral 2008-Vt1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall authority to execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.03, except that notice to, and the consent of, the Depositor shall be required for appointment of a co-trustee. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Assets Estate or any Property may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction Owner Trustee and the Owners of the Sponsor and Owner Trustee Notes to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust Assetsassets of the Trust, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.3.
Appears in 1 contract
Samples: Trust Agreement (Oakwood Homes Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Assets Estate or any Financed Vehicle may at the time be located, the Sponsor Administrator and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments an instrument to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee or co-trustees, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Owner Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.5, such powers, duties, obligations, rights and trusts as the Sponsor Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after the receipt by it of a request so to do, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.3.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets or any Financed Vehicle may at the time be located, the Sponsor Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.059.13, such powers, duties, obligations, rights rights, and trusts as the Sponsor Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a written request so to do, or in case an Event of Default shall have occurred and be continuing, the Trustee alone shall 73 78 have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 9.9 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.11. Each and every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Fund or property securing any Mortgage Note may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, trustee or co-trustees jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Fund or any part thereof thereof, whichever is applicable, and, subject to the other provisions of this Section 10.058.11, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirableappropriate. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 8.09 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.038.09. Each 84 Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.057.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 7.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.037.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of HVF II unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:.
Appears in 1 contract
Samples: Trust Agreement (American Business Financial Services Inc /De/)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor Owner Trustee and the Owner Trustee Servicer acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and the Servicer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Master Trust Agreement (A I Receivables Transfer Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co- trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.6 and no notice to Certificateholders of the appointment of any co-co- trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.8.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Target Receivables Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets or any Equipment may at the time be located, the Sponsor Administrator, on behalf of the Trust, and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at Person(s) approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee(s), jointly with the Owner Trustee, or as separate trustee or separate trusteestrustee(s), of all or any part of the Trust AssetsEstate, and to vest in such PersonPerson(s), in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Administrator, on behalf of the Trust, and the Owner Trustee may consider necessary or desirable. If the Administrator, on behalf of the Trust, shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate or any Mortgaged Property may at the time be located, and for the Sponsor purpose of performing certain duties and obligations of the Owner Trustee acting jointly with respect to the Trust and the Certificates, the Owner Trustee shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee and acceptable to the Bond Insurer to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Bond Insurer and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementAgreement or any Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint appoint, with the prior written consent of the Servicer, one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0311.08 hereof. Each separate trustee and Any such appointment of a co-trustee shall, to shall not relieve the extent permitted by law, be appointed and act subject to the following provisions and conditions:Trustee of its obligations under this Agreement.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreementthe Indenture, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral or the Group Specific Collateral for any Group may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral or the Group Specific Collateral for any Group, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties and the Group Secured Parties for such Group, respectively, such title to the Trust Collateral and Group Specific Collateral for such Group, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of CPF unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets or Trust Estate may at the time be located, the Sponsor Administrator, on behalf of the Trust, and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at Person(s) approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee(s), jointly with the Owner Trustee, or as separate trustee or separate trusteestrustee(s), of all or any part of the Trust AssetsEstate, and to vest in such PersonPerson(s), in such capacitycapacity and for the benefit of the Holder of the Transferor Certificate, such title to the Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor Administrator, on behalf of the Trust, and the Owner Trustee may consider necessary or desirable. If the Administrator, on behalf of the Trust, shall not have joined in such appointment within fifteen (15) days after the receipt by it of a request so to do, the Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (CDF Funding, Inc.)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor Owner and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction approved by each of the Sponsor Owner and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.059.5, such powers, duties, obligations, rights and trusts as the Sponsor Owner and the Owner Trustee may consider necessary or desirable15 days after the receipt by it of a request so to do, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee trustee pursuant to Section 10.01, 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (Sunterra Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate 86 trustees, of all or any part of the Trust AssetsTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Trust, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.10, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due care in the appointment of any co-trustee. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:11.08.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of ARG unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Indenture (Autonation Inc /Fl)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust Issuing Entity or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.039.03. Each separate trustee and co-trustee shall be subject to the approval of the Note Insurer (so long as no Note Insurer Default exists) and shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0511.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 11.6 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0311.7. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of each Issuer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Limited Guarantee (Amerco /Nv/)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.059.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.019.8, and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.039.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of the Servicer unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Management Services Agreement (Dollar Thrifty Automotive Group Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of KL2 3304888.6 this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 10.01 hereof and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.0310.03 hereof. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementBase Indenture or any Series Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.057.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 7.8 and no notice to Noteholders of the appointment of any co-co- trustee or separate trustee shall be required pursuant to under Section 10.037.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of HVF II unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Collateral Agency Agreement (Hertz Global Holdings Inc)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementIndenture or any Supplement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located, the Sponsor and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons at the direction of the Sponsor and Owner Trustee persons to act as a co-trustee, jointly with the Owner Trusteetrustee or co-trustees, or as separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Secured Parties, such title to the Trust Collateral, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.9, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to trustee under Section 10.01, 10.8 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.0310.6. Each separate trustee and No co-trustee shall, to the extent permitted by law, shall be appointed and act subject without the consent of CCRG unless such appointment is required as a matter of state law or to enable the following provisions and conditions:Trustee to perform its functions hereunder.
Appears in 1 contract
Samples: Cendant Corp
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this AgreementAgreement to the contrary, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Assets Estate or any Financed Vehicle may at the time be located, the Sponsor Administrator and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments an instrument to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trusteetrustee or co-trustees, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust AssetsEstate, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Owner Trust Estate, or any part thereof thereof, and, subject to the other provisions of this Section 10.0510.5, such powers, duties, obligations, rights and trusts as the Sponsor Administrator and the Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within fifteen (15) days after the receipt by it of a request so to do, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:under Section
Appears in 1 contract
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Assets Estate or any Financed Vehicle may at the time be located, the Sponsor Trust Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons at approved by the direction of the Sponsor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Trust AssetsEstate, and to vest in such Person, in such capacity, such title to the Trust or any part thereof and, subject to the other provisions of this Section 10.05Section, such powers, duties, obligations, rights and trusts as the Sponsor and the Owner Trustee may consider necessary or desirable. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee pursuant to Section 10.01, 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1)
