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 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; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to installment sale contracts that it services for itself or others.
Appears in 74 contracts
Samples: Indenture (Honda Auto Receivables 2010-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2010-1 Owner Trust), Indenture (Honda Auto Receivables 2016-3 Owner 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 knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture 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 's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to installment sale contracts that it services for itself or others.
Appears in 25 contracts
Samples: American Honda Receivables 2006-1 Owner Trust, Honda Auto Receivables 2006-2 Owner Trust, American Honda Receivables Corp
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing 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 use with 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 's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 18 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
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 shall have actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use with 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 's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 10 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing continuing, and of which a Responsible Officer of the Indenture Trustee shall have actual knowledge or has actual knowledgereceived notice, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use with 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 's own affairs; provided, however, provided that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 3 contracts
Samples: Indenture (Auto Nations Receivables Corp), Auto Nations Receivables Corp, Auto Nations Receivables Corp
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 use with the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 2 contracts
Samples: Indenture (Bay View Transaction Corp), Bay View Securitization Corp
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing 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 use in 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 's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 2 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Onyx Acceptance Financial Corp
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 shall have actual knowledge, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use with 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; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 1 contract
Samples: Onyx Acceptance Owner Trust 2005-A
Duties of Indenture Trustee. (a) If an Event of Default has occurred and is continuing continuing, and of which a Responsible Officer of the Indenture Trustee shall have actual knowledge or has actual knowledgereceived notice, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use with 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 's own affairs; provided, however, provided that if the Indenture Trustee shall assume -------- the duties of the Servicer pursuant to Section 3.07(e), the Indenture Trustee in performing such duties shall use the degree of care and skill customarily exercised by a prudent institutional servicer with respect to automobile retail installment sale sales contracts that it services for itself or others.
Appears in 1 contract
Samples: Auto Nations Receivables Corp