CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR Sample Clauses

CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR. Section 8.01 Duties of the Trustee and the Certificate Administrator 403 Section 8.02 Certain Matters Affecting the Trustee and the Certificate Administrator 406 Section 8.03 Neither the Trustee nor the Certificate Administrator Is Liable for Certificates or Mortgage Loans 409 Section 8.04 Trustee and Certificate Administrator May Own Certificates 411 Section 8.05 Payment of Trustee/Certificate Administrator Fees and Expenses; Indemnification 411 Section 8.06 Eligibility Requirements for the Trustee and the Certificate Administrator 414 Section 8.07 Resignation and Removal of the Trustee or the Certificate Administrator 415 Section 8.08 Successor Trustee or Successor Certificate Administrator 417 Section 8.09 Merger or Consolidation of the Trustee or the Certificate Administrator 418 Section 8.10 Appointment of Co-Trustee or Separate Trustee 418 Section 8.11 Access to Certain Information 419 ARTICLE IX TERMINATION; OPTIONAL MORTGAGE LOAN PURCHASE Section 9.01 Termination; Optional Mortgage Loan Purchase 422 ARTICLE X EXCHANGE ACT REPORTING AND REGULATION AB COMPLIANCE
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CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR. Section 8.01 Duties of Trustee and the Certificate Administrator.......... Section 8.02 Certain Matters Affecting the Trustee and the Certificate Administrator............................................... Section 8.03 Neither Trustee nor Certificate Administrator is Liable for Validity or Sufficiency of Certificates or Loans........ Section 8.04 Trustee and Certificate Administrator May Own Certificates................................................ Section 8.05 Fees of and Expenses of Trustee and Certificate Administrator; Indemnification of Trustee and Certificate Administrator................................... Section 8.06 Eligibility Requirements for Trustee and the Certificate Administrator............................................... Section 8.07 Resignation and Removal of the Trustee or Certificate Administrator............................................... Section 8.08 Successor Trustee or Successor Certificate Administrator..... Section 8.09 Merger or Consolidation of Trustee or Certificate Administrator............................................... Section 8.10 Appointment of Co-Trustee or Separate Trustee................ Section 8.11
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CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR. Section 8.01 Duties of the Trustee and the Certificate Administrator 228 Section 8.02 Certain Matters Affecting the Trustee and the Certificate Administrator 231 Section 8.03 Neither the Trustee Nor the Certificate Administrator Is Liable for Certificates or Mortgage Loans 233 Section 8.04 Trustee and Certificate Administrator May Own Certificates 235 Section 8.05 Payment of Trustee/Certificate Administrator Fees and Expenses; Indemnification 235 Section 8.06 Eligibility Requirements for the Trustee and the Certificate Administrator 238 Section 8.07 Resignation and Removal of the Trustee or the Certificate Administrator 238 Section 8.08 Successor Trustee or Successor Certificate Administrator 240 Section 8.09 Merger or Consolidation of the Trustee or the Certificate Administrator 241 Section 8.10 Appointment of Co-Trustee or Separate Trustee 241 Section 8.11 Access to Certain Information 242 ARTICLE IX TERMINATION; OPTIONAL MORTGAGE LOAN PURCHASE Section 9.01 Termination; Optional Mortgage Loan Purchase 244 ARTICLE X EXCHANGE ACT REPORTING AND REGULATION AB COMPLIANCE Section 10.01 Intent of the Parties; Reasonableness 248 Section 10.02 Filing Obligations 250 Section 10.03 Form 10-D Filings 251 Section 10.04 Form 10-K Filings 253 Section 10.05 Sxxxxxxx-Xxxxx Certification 256 Section 10.06 Form 8-K Filings 256 Section 10.07 Annual Compliance Statements 258 Section 10.08 Annual Reports on Assessment of Compliance with Servicing Criteria 259 Section 10.09 Annual Independent Public Accountants’ Servicing Report 260 Section 10.10 [Reserved] 261 Section 10.11 Indemnification 261 Section 10.12 Amendments 262 Section 10.13 Regulation AB Notices 262 Section 10.14 Termination of the Certificate Administrator 263 Section 10.15 Termination of the Master Servicer or the Special Servicer 263
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CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR. SECTION 8.01. Duties of the Trustee and the Certificate Administrator. The Trustee and the Certificate Administrator, prior to the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, each shall undertake to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred and remains uncured, the Trustee shall exercise such of the rights and powers vested in it by this Agreement and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee shall, at the direction of the majority of the Certificateholders or the NIMs Insurer, or may, proceed to protect and enforce its rights and the rights of the Certificateholders or the NIMs Insurer under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee, the NIMs Insurer and the Certificateholders. Each of the Trustee and the Certificate Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee or the Certificate Administrator that are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they conform on their face to the requirements of this Agreement. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, the Trustee or the Certificate Administrator, as the case may be, shall take such action as it deems appropriate to have the instrument corrected and if the instrument is not corrected to the its satisfaction, the Certificate Administrator will provide notice to the Certificateholders and the NIMs Insurer and take such further action as directed in writing by the Certificateholders and the NIMs Insurer. No provision of this Agreement shall be con...
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CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR. SECTION 8.01. Duties of Trustee and the Certificate Administrator
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CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR 
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Related to CONCERNING THE TRUSTEE AND THE CERTIFICATE ADMINISTRATOR

  • Certain Matters Affecting the Trustee and the Certificate Administrator (a) Except as otherwise provided in Section 8.01 of this Agreement:

  • CONCERNING THE TRUSTEE AND THE SECURITIES ADMINISTRATOR Section 8.1

  • Duties of the Trustee and the Certificate Administrator (a) The Trustee, prior to the occurrence of a Servicer Termination Event of which a Responsible Officer of the Trustee has actual knowledge and after the curing or waiver of all Servicer Termination Events which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement and no permissive right of the Trustee shall be construed as a duty. During the continuance of a Servicer Termination Event of which a Responsible Officer of the Trustee has actual knowledge, the Trustee, subject to the provisions of Section 7.02 and Section 7.04 of this Agreement, shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. The Certificate Administrator undertakes to perform at all times such duties and only such duties as are specifically set forth in this Agreement and no permissive right of the Certificate Administrator shall be construed as a duty.

  • Certain Matters Affecting the Trustee and the Securities Administrator Except as otherwise provided in Section 6.01:

  • THE DEPOSITOR AND THE SERVICER Section 7.01 Respective Liabilities of the Depositor and the Servicer...... Section 7.02 Merger or Consolidation of the Depositor or the Servicer...... Section 7.03 Limitation on Liability of the Depositor, the Servicer and Others.................................................. Section 7.04 Depositor and Servicer Not to Resign.........................

  • THE DEPOSITOR AND THE MASTER SERVICER SECTION 6.01. Respective Liabilities of the Depositor and the Master Servicer.......................VI-1 SECTION 6.02. Merger or Consolidation of the Depositor or the Master Servicer.......................VI-1 SECTION 6.03. Limitation on Liability of the Depositor, the Sellers, the Master Servicer and Others................................................................................VI-1 SECTION 6.04. Limitation on Resignation of Master Servicer..........................................VI-2 ARTICLE VII DEFAULT

  • Rights of the Depositor and the Trustee in Respect of the Master Servicer The Depositor may, but is not obligated to, enforce the obligations of the Master Servicer hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Master Servicer hereunder and in connection with any such defaulted obligation to exercise the related rights of the Master Servicer hereunder; provided that the Master Servicer shall not be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. Neither the Trustee nor the Depositor shall have any responsibility or liability for any action or failure to act by the Master Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Master Servicer hereunder or otherwise.

  • Rights of the Depositor and the Trustee in Respect of the Servicer The Depositor may, but is not obligated to, enforce the obligations of the Servicer hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Servicer hereunder and in connection with any such defaulted obligation to exercise the related rights of the Servicer hereunder; provided that the Servicer shall not be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. Neither the Trustee nor the Depositor shall have any responsibility or liability for any action or failure to act by the Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Servicer hereunder or otherwise. Any Subservicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a Subservicer in its capacity as such shall be deemed to be between the Subservicer and the Servicer alone, and the Trustee and Certificateholders shall not be deemed parties thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the Subservicer except as set forth in Section 3.07. The Servicer shall be solely liable for all fees owed by it to any Subservicer, irrespective of whether the Servicer's compensation pursuant to this Agreement is sufficient to pay such fees.

  • Liability of the Depositor and the Master Servicer The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • Duties of Trustee and the Securities Administrator (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake to perform their respective duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee shall exercise such of the rights and powers vested in it by this Agreement and use the same degree of care and skill in their exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person’s own affairs.

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