Limitation on Rights of Securityholders. (a) The death or incapacity of any Investor Securityholder shall not operate to terminate this Agreement or the Trust, nor shall such death or incapacity entitle such Securityholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Metris Companies Inc), Pooling and Servicing Agreement (First National Bank of Atlanta), Pooling and Servicing Agreement (Metris Master Trust)
Limitation on Rights of Securityholders. (a) The death or incapacity of any Investor Securityholder person having an interest, beneficial or otherwise, in a Trust Security shall not operate to terminate this Agreement or the TrustTrust Agreement, nor shall such death or incapacity entitle such Securityholder's the legal representatives or heirs of such person or any Securityholder for such person, to claim an accounting or to accounting, take any action or commence bring any proceeding in any court for a partition or winding up of the Trustarrangements contemplated hereby, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.
Appears in 2 contracts
Samples: Trust Agreement (Western Resources Capital Ii), Trust Agreement (Southwestern Public Service Co)
Limitation on Rights of Securityholders. (a) The death or incapacity of any Investor Securityholder shall not operate to terminate this Agreement or the Trust, nor shall such death or incapacity entitle such Securityholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.
Appears in 2 contracts
Samples: American Tower Depositor Sub (American Tower Corp /Ma/), American Tower Depositor (American Tower Corp /Ma/)
Limitation on Rights of Securityholders. (a) The death or incapacity of any Investor Securityholder shall not operate to terminate this Agreement or the Trust, nor shall such death or incapacity entitle such Securityholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust)
Limitation on Rights of Securityholders. (a) The death or incapacity of any Investor Securityholder shall not operate to terminate this Agreement or the Trust, nor shall such death or incapacity entitle such Securityholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of themhereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fingerhut Receivables Inc)
Limitation on Rights of Securityholders. (a) The --------------------------------------- death or incapacity of any Investor Securityholder shall not operate to terminate this Agreement or the Trust, nor shall such death or incapacity entitle such the Securityholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust, nor or otherwise affect the rights, obligations obligations, and liabilities of the parties hereto to this Agreement or any of them.
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Security Bank Na)
