Common use of Duties of Indenture Trustee Clause in Contracts

Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents 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.

Appears in 7 contracts

Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp), Household Automotive Trust v Series 2000 2

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Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing of which a Responsible Officer of the Indenture Trustee has actual knowledgecontinuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairsaffairs with respect to the Indenture Collateral.

Appears in 5 contracts

Samples: Indenture (Capitalsource Inc), Indenture (MCG Capital Corp), Indenture (Capitalsource Inc)

Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing continuing, of which a Responsible Officer of the Indenture Trustee has actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's ’s own affairs.

Appears in 2 contracts

Samples: Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-A

Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing and a Trustee Officer shall have actual knowledge or written notice of which a Responsible Officer such Event of the Indenture Trustee has actual knowledgeDefault, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.

Appears in 2 contracts

Samples: Master Indenture (World Financial Network Credit Card Master Trust), Master Indenture (World Financial Network Credit Card Master Trust)

Duties of Indenture Trustee. (a) If an Event of Default has shall have occurred and is continuing be continuing, and of which a Responsible Officer of the Indenture Trustee has shall have actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use with 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.

Appears in 2 contracts

Samples: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)

Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing of which a Responsible Officer of the Indenture Trustee has actual knowledgeknowledge has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents Sale and use Servicing Agreement and in the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Dealer Auto Receivables Corp)

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Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing of which and a Responsible Officer of the Indenture Trustee has shall have actual knowledgeknowledge or written notice of such Event of Default, the Indenture Trustee shall exercise the rights and powers vested in it by this the Indenture and the Basic Documents and use the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.

Appears in 1 contract

Samples: Master Indenture (First Bankcard Master Credit Card Trust)

Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing of which a Responsible Officer of the Indenture Trustee has actual knowledgecontinuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's its own affairs[, except when this Indenture or the Sale and Servicing Agreement requires it to follow the directions of the Credit Enhancer].

Appears in 1 contract

Samples: Indenture (Indymac Abs Inc)

Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing of which a Responsible Officer of the Indenture Trustee has actual knowledgecontinuing, the Indenture Trustee shall shall, except in those cases where it is required by the terms of this Indenture to follow the direction of the Noteholders or the Rating Agencies, exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in its their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.

Appears in 1 contract

Samples: GE-WMC Mortgage Securities, L.L.C.

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