Common use of Co-Trustees and Separate Trustees Clause in Contracts

Co-Trustees and Separate Trustees. Whenever the Owner Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates or any Operative Agreement, or the Owner Trustee shall be advised in writing by counsel reasonably satisfactory to it that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Deposit Trust Agreement (Delta Financial Corp), Deposit Trust Agreement (Delta Financial Corp)

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Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Certificates, the Bonds or any Operative Agreement, or the Owner Trustee or the Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Personspersons or entities, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Personspersons or entities, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 2 contracts

Samples: Deposit Trust Agreement (Criimi Mae Inc), Deposit Trust Agreement (Criimi Mae Inc)

Co-Trustees and Separate Trustees. Whenever the Owner Delaware Trustee or the Required Certificateholders shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, Estate or the Owner Trust Certificates or any Operative AgreementIndenture, or the Owner Delaware Trustee or the Required Certificateholders shall be advised in writing by counsel reasonably satisfactory to it or them that it is so necessary or prudent, the Owner Delaware Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof persons (and the Owner Delaware Trustee may appoint one or more of its officers), ) either as co-trustees trustee or co-trustees jointly with the Owner Delaware Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Personspersons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Delaware Trustee and the Required Certificateholders and, until the termination of the Indenture in accordance with its terms as are reasonably satisfactory to the Owner Trustee and the CertificateholdersTrustee. In case any co-trustee or separate trustee shall dissolve, die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Delaware Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 2 contracts

Samples: Trust Agreement (Gmac Elf LLC), Trust Agreement (Gmac Elf LLC)

Co-Trustees and Separate Trustees. Whenever At any time or times, for the Owner Trustee shall deem it necessary or prudent in order to conform to any law purpose of meeting the legal requirements of any jurisdiction in which all or any part of the Trust Estate shall Fund may at the time be situated or to make any claim or be a party to any suit with respect to the Trust Estatelocated, the Owner Trust Certificates or any Operative Agreement, or Depositor and the Owner Trustee shall be advised in writing by counsel reasonably satisfactory have power to it that it is so necessary appoint, and, upon the written request of the Trustee or prudentof the Holders of Certificates representing more than 50% of the Aggregate Current Principal Amount of the Outstanding Regular Certificates, the Owner Depositor shall for such purpose join with the Trustee in the execution, delivery and the Certificateholders shall execute and deliver an agreement supplemental hereto and performance of all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute appoint, one or more Persons, who need not meet Persons approved by the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either to act as co-trustees or co-trustees trustee, jointly with the Owner Trustee Trustee, of all or any part of the Trust EstateFund, or to act as separate trustee or separate trustees of all or any part such property, in either case with such powers as may be provided in the instrument of the Trust Estateappointment, and to vest in such PersonsPerson or Persons in the capacity aforesaid, in such capacityany property, such title to the Trust Estate title, right or any part thereof and such rights or duties as may be power deemed necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory subject to the Owner other provisions of this Section. If the Depositor does not join in such appointment within 15 days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, the Trustee and alone shall have power to make such appointment. Should any written instrument from the Certificateholders. In case Depositor be required by any co-trustee or separate trustee shall dieso appointed for more fully confirming to such co-trustee or separate trustee such property, become incapable of actingtitle, resign right or be removedpower, the title to the Trust Estate any and all rights such instruments shall, on request, be executed, acknowledged and duties of such delivered by the Depositor. Every co-trustee or separate trustee shall, so far as to the extent permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor but to such co-trustee or separate trustee.extent only, be appointed subject to the following terms:

Appears in 2 contracts

Samples: Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC), Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Certificates, the Bonds or any Operative Agreement, or the Owner Trustee or the Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more PersonsPersons , who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 2 contracts

Samples: Deposit Trust Agreement (Criimi Mae CMBS Corp), Deposit Trust Agreement (Criimi Mae CMBS Corp)

Co-Trustees and Separate Trustees. Whenever At any time or times, for the Owner Trustee shall deem it necessary or prudent in order to conform to any law purpose of meeting the legal requirements of any jurisdiction in which all or any part of the Trust Estate shall Fund may at the time be situated or to make any claim or be a party to any suit with respect to the Trust Estatelocated, the Owner Trust Certificates or any Operative Agreement, or Depositor and the Owner Trustee shall be advised in writing by counsel reasonably satisfactory have power to it that it is so necessary appoint, and, upon the written request of the Trustee or prudentof the Holders of Certificates representing more than 50% of the Aggregate Current Principal Amount of the Outstanding Regular Certificates, the Owner Depositor shall for such purpose join with the Trustee in the execution, delivery and the Certificateholders shall execute and deliver an agreement supplemental hereto and performance of all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute appoint, one or more Persons, who need not meet Persons approved by the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either to act as co-trustees or co-trustees trustee, jointly with the Owner Trustee Trustee, of all or any part of the Trust EstateFund, or to act as separate trustee or separate trustees of all or any part such property, in either case with such powers as may be provided in the instrument of the Trust Estateappointment, and to vest in such PersonsPerson or Persons in the capacity aforesaid, in such capacityany property, such title to the Trust Estate title, right or any part thereof and such rights or duties as may be power deemed necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory subject to the Owner other provisions of this Section. If the Depositor does not join in such appointment within 15 days after the receipt by it of a request so to do, the Trustee and alone shall have power to make such appointment. Should any written instrument from the Certificateholders. In case Depositor be required by any co-trustee or separate trustee shall dieso appointed for more fully confirming to such co-trustee or separate trustee such property, become incapable of actingtitle, resign right or be removedpower, the title to the Trust Estate any and all rights such instruments shall, on request, be executed, acknowledged and duties of such delivered by the Depositor. Every co-trustee or separate trustee shall, so far as to the extent permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor but to such co-trustee or separate trustee.extent only, be appointed subject to the following terms:

Appears in 2 contracts

Samples: Trust Agreement (GNMAG Asset Backed Securitizations, LLC), Trust Agreement (GNMAG Asset Backed Securitizations, LLC)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee shall or the Managing Beneficiary will deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall will be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, or whenever the Owner Trust Certificates or any Operative Agreement, Trustee or the Owner Trustee shall Beneficiary will be advised in writing by counsel reasonably satisfactory to it them that it such action is so necessary or prudent, the Owner Trustee and the Certificateholders shall Beneficiary will execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall will take all other actionactions, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), Persons either as co-trustees trustee or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as a separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof thereof, and such rights or duties duties, as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the CertificateholdersBeneficiary. In case a Disqualification Event will occur with respect to any such co-trustee or separate trustee, a separate co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, appointed and the title to the Trust Estate and all rights and duties of such disqualified co-trustee or separate trustee shallwill, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such disqualified co-trustee or separate trustee.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)

Co-Trustees and Separate Trustees. Whenever At any time or times, for the Owner Trustee shall deem it necessary or prudent in order to conform to any law purpose of meeting the legal requirements of any jurisdiction in which all or any part of the Trust Estate shall may at the time be situated or to make any claim or be a party to any suit with respect to the Trust Estatelocated (including for purposes of foreclosure), the Owner Trust Certificates or any Operative Agreement, or Company and the Owner Trustee shall be advised in writing by counsel reasonably satisfactory have power to it that it is so necessary appoint, and, upon the written request of the Trustee or prudentof the Holders of Notes representing at least 25% of the aggregate Outstanding Note Balance of any Class, the Owner Company shall for such purpose join with the Trustee in the execution, delivery and the Certificateholders shall execute and deliver an agreement supplemental hereto and performance of all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute appoint, one or more Persons, who need not meet Persons approved by the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either to act as co-trustees or co-trustees trustee, jointly with the Owner Trustee Trustee, of all or any part of the such Trust Estate, or to act as separate trustee or separate trustees of all or any part such property, in either case with such powers as may be provided in the instrument of the Trust Estateappointment, and to vest in such PersonsPerson or Persons in the capacity aforesaid, in such capacityany property, such title to the Trust Estate title, right or any part thereof and such rights or duties as may be power deemed necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory subject to the Owner other provisions of this Section. If the Company does not join in such appointment within 15 days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, the Trustee and alone shall have power to make such appointment. Should any written instrument from the Certificateholders. In case Company be required by any co-co- trustee or separate trustee shall dieso appointed for more fully confirming to such co- trustee or separate trustee such property, become incapable of actingtitle, resign right or be removedpower, the title to the Trust Estate any and all rights such instruments shall, on request, be executed, acknowledged and duties of such delivered by the Company. Every co-trustee or separate trustee shall, so far as to the extent permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor but to such co-trustee or separate trustee.extent only, be appointed subject to the following terms, namely:

Appears in 1 contract

Samples: Servicing Agreement (Sunterra Corp)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Certificates, the Notes or any Operative Related Agreement, or the Owner Trustee or the Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Personspersons or entities, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Personspersons or entities, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Commercial Assets Inc)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee shall or the Managing Beneficiary will deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall will be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, or whenever the Owner Trust Certificates or any Operative Agreement, Trustee or the Owner Trustee shall Beneficiaries will be advised in writing by counsel reasonably satisfactory to it them that it such action is so necessary or prudent, the Owner Trustee and the Certificateholders shall Beneficiaries will execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall will take all other actionactions, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), Persons either as co-trustees trustee or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as a separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof thereof, and such rights or duties duties, as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the CertificateholdersBeneficiaries. In case a Disqualification Event will occur with respect to any such co-trustee or separate trustee shall die, become incapable of acting, resign or be removedtrustee, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shallwill, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Citibank Nevada National Association)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Certificates, the Notes or any Operative Agreement, or the Owner Trustee or the Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and end duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Deposit Trust Agreement (Indymac Abs Inc)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Certificates, the Bonds or any Operative Agreement, or the Owner Trustee or the Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more PersonsPersons or entities, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officersResponsible Officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Personspersons or entities, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Imh Assets Corp Impac CMB Trust 1998 C1 Col Mor Bond 1998 C1)

Co-Trustees and Separate Trustees. Whenever the Trustee or a Majority in Interest of Owner Trustee Participants shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, Estate or the Owner Trust Certificates or any Operative AgreementDocuments, or either the Trustee or a Majority in Interest of Owner Trustee Participants shall be advised in writing by counsel reasonably satisfactory to it that it is so necessary or prudent, the Owner Trustee and the Certificateholders a Majority in Interest of Owner Participants shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof persons (and the Owner Trustee may appoint one or more of its officers), ) (any and all of which shall be a "citizen of the United States" as defined in Section 101(16) of the Act) either as co-trustees trustee or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Personspersons, in such capacity, such title to the Trust Estate or any part thereof thereof, and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholdersa Majority in Interest of Owner Participants. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Airlease LTD)

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Co-Trustees and Separate Trustees. Whenever At any time or times, for the Owner Trustee shall deem it necessary or prudent in order to conform to any law purpose of meeting the legal requirements of any jurisdiction in which all or any part item of the Trust Estate shall may at the time be situated or to make any claim or be a party to any suit with respect to the Trust Estatelocated, the Owner Trust Certificates or any Operative Agreement, or Issuer and the Owner Trustee shall be advised in writing by counsel reasonably satisfactory have power to it that it is so necessary appoint, and, upon the written request of the Trustee or prudentof the Holders of a majority of the Note Principal Balances of all of the Outstanding Notes, the Owner Issuer shall for such purpose join with the Trustee in the execution, delivery and the Certificateholders shall execute and deliver an agreement supplemental hereto and performance of all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), Persons approved by the Trustee either to act as co-trustees or co-trustees trustee, jointly with the Owner Trustee Trustee, of all or any part of the Trust Estate, or to act as separate trustee or separate trustees of all or any part such property, in either case with such powers as may be provided in the instrument of the Trust Estateappointment, and to vest in such PersonsPerson or Persons in the capacity aforesaid, in such capacityany property, such title to the Trust Estate title, right or any part thereof and such rights or duties as may be power deemed necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory subject to the Owner other provisions of this Section. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request to do so, or in case an Event of Default has occurred and is continuing, the Trustee alone shall have power to make such appointment. The reasonable fees and expenses of any such co-trustee or separate trustee shall be paid by the CertificateholdersTrust Estate. In case Should any written instrument from the Issuer be required by any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title so appointed for more fully confirming to the Trust Estate and all rights and duties of such co-trustee or separate trustee such property, title, right or power, any and all such instruments shall, so far as permitted by lawon request, vest in be executed, acknowledged and be exercised delivered by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trusteeIssuer.

Appears in 1 contract

Samples: Indenture (Asset Investors Corp)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or --------------------------------- all Certificate Holders shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, the Owner Trust Certificates Securities or any Operative Agreement, or the Owner Trustee or each of the Certificate Holders shall be advised in writing by counsel reasonably satisfactory to it that it is so necessary or prudent, the Owner Trustee and each of the Certificateholders Certificate Holders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute appoint one or more Persons, who need not meet the requirements of Section 9.1(c) hereof Persons (and the Owner Trustee may appoint one or more of its officers), ) either as co-trustees trustee or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the CertificateholdersCertificate Holders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Hanover Compressor Co /)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law Law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Ownership Certificate, the Bonds or any of the Operative AgreementAgreements, the Owner Trustee or the Owner Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders Ownership Certificateholder shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the CertificateholdersOwnership Certificateholder. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by lawLaw, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Deposit Trust Agreement (Collateralized Mortgage Bonds Series 1999 1)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the --------------------------------- Investor shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, the Owner Trust Certificates Notes or any Operative AgreementDocument, or the Owner Trustee or the Investor shall be advised in writing by counsel reasonably satisfactory to it that it is so necessary or prudent, the Owner Trustee and the Certificateholders Investor shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute appoint one or more Persons, who need not meet the requirements of Section 9.1(c) hereof Persons (and the Owner Trustee may appoint one or more of its officers), ) either as co-trustees trustee or co-co- trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the CertificateholdersInvestor. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Smart & Final Inc/De)

Co-Trustees and Separate Trustees. Whenever At any time or times, for the Owner Trustee shall deem it necessary or prudent in order to conform to any law purpose of meeting the legal requirements of any jurisdiction in which all or any part of the Trust Estate shall Collateral may at the time be situated or to make any claim or be a party to any suit with respect to the Trust Estatelocated, the Owner Trust Certificates or any Operative Agreement, or Issuers and the Owner Indenture Trustee shall be advised in writing by counsel reasonably satisfactory have power to it that it is so necessary appoint, and, upon the written request of the Indenture Trustee or prudentof the Controlling Party, the Owner Issuers shall for such purpose join with the Indenture Trustee in the execution, delivery and the Certificateholders shall execute and deliver an agreement supplemental hereto and performance of all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute appoint, one or more Persons, who need not meet Persons approved by the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers)Indenture Trustee, either to act as co-trustees or co-trustees trustee, jointly with the Owner Indenture Trustee of any or all or any part of the Trust EstateCollateral, or to act as separate trustee or separate trustees of all or any part such property, in either case with such powers as may be provided in the instrument of the Trust Estateappointment, and to vest in such PersonsPerson or Persons in the capacity aforesaid, in such capacityany property, such title to the Trust Estate title, right or any part thereof and such rights or duties as may be power deemed necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory subject to the Owner other provisions of this Section 7.12. If the Issuers do not join in such appointment within 30 days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, the Indenture Trustee and alone shall have power to make such appointment. Should any written instrument from the Certificateholders. In case Issuers be reasonably required by any co-trustee or separate trustee shall dieso appointed for more fully confirming to such co-trustee or separate trustee such property, become incapable of actingtitle, resign right or be removedpower, the title to the Trust Estate any and all rights such instruments shall, on request, be executed, acknowledged and duties of such delivered by the Issuers. Every co-trustee or separate trustee shall, so far as to the extent permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor but to such co-trustee or separate trustee.extent only, be appointed subject to the following terms:

Appears in 1 contract

Samples: Indenture (Andersons Inc)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Indenture Trustee shall deem it necessary or prudent in order to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to any suit with respect to the Trust Estate, the Owner Trust Certificates Certificates, the Bonds or any Operative Agreement, or the Owner Trustee or the Indenture Trustee shall be advised in writing by counsel reasonably satisfactory to it each of them that it is so necessary or prudent, the Owner Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more Persons, who need not meet the requirements of Section 9.1(c) hereof (and the Owner Trustee may appoint one or more of its officers), either as co-trustees or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the Certificateholders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Deposit Trust Agreement (Imperial Credit Commercial Mortgage Acceptance Corp)

Co-Trustees and Separate Trustees. Whenever the Owner Trustee or all --------------------------------- Certificate Holders shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or be a party to bring any suit with respect to the Trust Estate, the Owner Trust Certificates Securities or any Operative Agreement, or the Owner Trustee or each of the Certificate Holders shall be advised in writing by counsel reasonably satisfactory to it that it is so necessary or prudent, the Owner Trustee and each of the Certificateholders Certificate Holders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute appoint one or more Persons, who need not meet the requirements of Section 9.1(c) hereof Persons (and the Owner Trustee may appoint one or more of its officers), ) either as co-trustees trustee or co-trustees jointly with the Owner Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are reasonably satisfactory to the Owner Trustee and the CertificateholdersCertificate Holders. In case any co-trustee or separate trustee shall die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Owner Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Hanover Compressor Co /)

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