Duties of Indenture Trustee. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and 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; 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 sales contracts that it services for itself or others.
Appears in 10 contracts
Samples: Indenture (Uacsc Auto Trusts Uacsc 1999-D Owner Trust Auto Rec Bac Note), Indenture (Uacsc 2002-a Owner TRST Auto Receivable Back Nt), Indenture (Uacsc 2001-a Owner Trust)
Duties of Indenture Trustee. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and with 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 personPerson's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer 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 Servicer, with respect to automobile retail motor vehicle installment sales sale contracts that it services administers or services, as the case may be, for itself or others.
Appears in 4 contracts
Samples: Indenture (Pooled Auto Securities Shelf LLC), Wachovia Auto Owner Trust 2005-B, Wachovia Auto Owner Trust 2005-A
Duties of Indenture Trustee. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and with 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 Person’s own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer Master 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 servicer, with respect to automobile retail motor vehicle installment sales sale contracts and installment loans that it services administers or services, as the case may be, for itself or others.
Appears in 3 contracts
Samples: Indenture (WDS Receivables LLC), Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (Wachovia Auto Owner Trust 2008-A)
Duties of Indenture Trustee. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and with 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 personPerson's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer Master 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 servicer, with respect to automobile retail motor vehicle installment sales sale contracts and installment loans that it services administers or services, as the case may be, for itself or others.
Appears in 2 contracts
Samples: Wachovia Auto Loan Owner Trust 2008-1, WDS Receivables LLC
Duties of Indenture Trustee. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and with 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 personPerson's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer Master 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 servicer, with respect to automobile retail motor vehicle installment sales sale contracts that it services administers or services, as the case may be, for itself or others.
Appears in 2 contracts
Samples: Wachovia Auto Owner Trust 2006-A, Pooled Auto Securities Shelf LLC
Duties of Indenture Trustee. (a) If an Event of Default shall have has occurred and be is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and with 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; 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 sales contracts that it services for itself or others.
Appears in 1 contract
Samples: Indenture (Uacsc 1999-B Owner Tr Auto Rec Bk Notes)
Duties of Indenture Trustee. (a) If an Event of Default shall have has occurred and be is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and with 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; 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 sales sale contracts that it services for itself or others.
Appears in 1 contract
Samples: American Honda Receivables Corp