Common use of Holder or Certificateholder Clause in Contracts

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d) Purchase Event, except in the case of the Class LT-R-1 and Class LT-R-2 Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) and 11.03 (a) and (b) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-17), Trust Agreement (Lehman XS Trust 2006-1), Trust Agreement (Lehman XS Trust, Series 2005-8)

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Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 3 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2006-8), Trust Agreement (Lehman Mortgage Trust 2007-6), Trust Agreement (LMT 2006-4)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicerthe Securities Administrator, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof of any such entity shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator, the Credit Risk Manager or the applicable Servicer, Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator, the Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than Sections 5.02(b) through (g) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the any Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the any Cap Counterparty or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-LTURI holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 2 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2008-2), Trust Agreement (Lehman Mortgage Trust 2008-6)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 2 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2007-3), Trust Agreement (Lehman Mortgage Trust 2007-2)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any such Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 2 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2005-1), Trust Agreement (Lehman Mortgage Trust 2005-1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 2 contracts

Samples: Re: Trust Agreement (Lehman Mortgage Trust 2007-5), Trust Agreement (Lehman Mortgage Trust 2006-9)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicerthe Securities Administrator, the Cap Counterparty Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee or the Securities Administrator shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee or the Securities Administrator, as applicable, knows to be so owned shall be disregarded. The Trustee and the Securities Administrator may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Trustee, the Securities Administrator or the applicable Servicer, Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Trustee, the Securities Administrator or any the Servicer, respectively. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (i) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 I Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (TBW 2006-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Servicer or the applicable Servicer, Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (g) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, Servicer and the Cap Counterparty or the applicable Servicer, Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any the Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Class 1-A1 Cap Counterparty, the Class 2-A1 Cap Counterparty, the Class 3-A1 Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Class 1-A1 Cap Counterparty, the Class 2-A1 Cap Counterparty, the Class 3-A1 Cap Counterparty or any such Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (k) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.093.09 and 5.07(c), 5.02(b) through (h) and 11.03 (af) and (bi) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2005-2)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Re:   Trust Agreement (LMT 2007-1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty Credit Risk Manager or any Affiliate thereof of any such entity shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Credit Risk Manager or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Credit Risk Manager or any the Servicer, respectively. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (g) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to "Holder" or "Certificateholder" shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-S3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicerthe Securities Administrator, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator, the Credit Risk Manager or the applicable Servicer, Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator, the Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than Sections 5.02(b) through (g) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, Servicer or the Cap Counterparty Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty applicable Servicer or the applicable Servicer, Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, any Servicer or the Cap Counterparty or any Servicer, respectivelyCredit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (g) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP 2007-Bc1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Swap Counterparty, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Swap Counterparty, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Swap Counterparty, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d) Purchase Event, other than in Sections 5.02(a) through (h) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular InterestsEvent).

Appears in 1 contract

Samples: Trust Agreement (LXS 2007-8h)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Servicer or the applicable Servicer, Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (g) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Credit Risk Manager or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Credit Risk Manager or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (e) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp 2006-S1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Servicer or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, Servicer or the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d) Purchase Event, other than in Sections 5A.02(a) through (f) and Sections 5B.02(a) through (c) and 11.03(a) and (b) and, except in the case of the Class I-LT-R-1 R and Class II-LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-5h)

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Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any such Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (j) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.093.09 and 5.07(c), 5.02(b) through (h) and 11.03 (af) and (bi) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgae Trust 2005-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2007-4)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Servicer or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectively. After a Section 7.01(d) Purchase Event, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) and 11.03 (a) and (b) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular InterestsEvent).

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty Credit Risk Manager, or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Servicer or the applicable Servicer, Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than Sections 5.02(b) through (e) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests (in the case HUD: The United States Department of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corporation, 2005 OPT-1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, Servicer and the Cap Counterparty or the applicable Servicer, Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any the Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (j) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.093.09 and 5.07(c), 5.02(b) through (h) and 11.03 (af) and (bi) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Credit Risk Manager or any Affiliate thereof of any such entity shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Credit Risk Manager or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Credit Risk Manager or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (e) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Securitization Servicing Agreement (Sasco 2006-S2)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, the Securities Administrator, any Servicer, the any Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master ServicerSecurities Administrator, the Cap Counterparty or the applicable Servicer, Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2007-10)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the any Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectively. After a Section 7.01(d7.01(c) Purchase EventEvent other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.09 and 11.03 (a5.07(c) and (bf) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Uncertificated Regular Interests) . HUD: The United States Department of Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2007-8)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Swap Counterparty, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Swap Counterparty, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Swap Counterparty, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d) Purchase Event, other than in Sections 5A.02(a) through (h), Sections 5B.02(a) through (g), Sections 5C.02(a) through (g), Sections 5D.02(a) through (h) and 11.03(a) and (b) and, except in the case of the Class 1-LT-R-1 R, Class 2-LT-R, Class 3-LT-R and Class 4-LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and ), the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests), the Pooling REMIC 3 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 3 Regular Interests) and the Pooling REMIC 4 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 4 Regular Interests).

Appears in 1 contract

Samples: Custodial Agreement (LXS 2007-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(d) Purchase Event, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) and 11.03 (a) and (b) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular InterestsEvent).

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-19)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, the Securities Administrator, any Servicer, Servicer or the Cap Counterparty Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee Securities Administrator shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee Securities Administrator knows to be so owned shall be disregarded. The Trustee Securities Administrator and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Trustee, the applicable Servicer or the applicable Servicer, Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Trustee, any Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than in Sections 5.02(b) through (h) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling REMIC 1 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests). HomEq: HomEq Servicing Corporation.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc2)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty Credit Risk Manager, or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Cap Counterparty Servicer or the applicable Servicer, Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicer, respectivelythe Credit Risk Manager. After a Section 7.01(d7.01(c) Purchase Event, other than Sections 5.02(b) through (h) and 11.03(a) and (b) and, except in the case of the Class LT-R-1 and Class LT-R-2 R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09, 5.02(b) through (h) 3.07 and 11.03 (a) and (b) 3.09 herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Pooling Lower Tier Uncertificated REMIC 1 Regular Interests (in the case HUD: The United States Department of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) Housing and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests)Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff10)

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