Common use of HOLDERS Clause in Contracts

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 78 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

AutoNDA by SimpleDocs

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 73 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 8 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 7 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 5 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either any Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 5 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related TrustLower Tier REMIC or the Trust Fund, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trustthe Lower Tier REMIC or the Trust Fund, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either any Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trustrust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trustrust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related TrustTrust Fund, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trustthe Trust Fund, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

AutoNDA by SimpleDocs

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Grantor Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Grantor Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trustany of the Trusts, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related TrustTrust Fund, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trustthe Trust Fund, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, Agreement nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trusttrust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trusttrust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trustany trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related TrustREMIC Trust Fund, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either Trustthe REMIC Trust Fund, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx Mae as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon on or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement

HOLDERS. The death or incapacity of any Holder shall not operate to terminate this Trust Agreement, nor entitle such Holder’s legal representative or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the affairs of the related Grantor Trust, nor otherwise affect the rights, duties and obligations of any of the parties to this Trust Agreement. No Holder shall have any right to control or to participate in the control and administration of either the Grantor Trust, nor shall any of the terms of this Trust Agreement be construed to constitute the Holders and Xxxxxx Xxx as partners or members of an association, nor shall any Holder have any duty or liability to any third person by reason of any action taken by the parties to this Trust Agreement pursuant to any provision hereof. No Holder shall have any right by virtue of any provision of this Trust Agreement to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Trust Agreement unless an Event of Default shall have occurred and be continuing in respect of the Trust Agreement. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.