Modification of the Trust Sample Clauses

Modification of the Trust. The parties agree to modify paragraph (a) of clause 19. of the Trust so that it is rewritten in the following manner:
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Modification of the Trust. A. Standard of Review According to the record before us, neither side requested specific findings from the trial court, but the trial court sua sponte entered findings of fact. See Appellant’s Br. at 7-8; Appellees’ Br. at 12. The parties appear to agree that the following is the applicable standard of review: When a trial court enters special findings and conclusions sua sponte, the specific findings and conclusions control only as to the issues they cover, while a general judgment standard applies to any issue upon which the court has not found. On appeal, we review the trial court‟s specific findings and conclusions under a two-tiered standard of review. We first consider whether the evidence supports the findings, and next whether the findings support the judgment. The trial court‟s findings and conclusions will be set aside only if they are clearly erroneous, that is, if the record contains no facts or inferences supporting them. A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. We neither reweigh the evidence nor assess the credibility of witnesses, but consider only the evidence most favorable to the judgment. We review conclusions of law de novo. However, we may affirm a general judgment on any theory supported by the evidence adduced at trial.
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Modification of the Trust i. Each reference in the Trust to the "Deed of Trust Notes" or "Notes" shall be deemed to be a reference to the Notes, as amended (to-wit, Note 1 and Trust Note 2, as Trust Note 2 is amended by the Allonge and as either may be amended or modified from time-to-time) and as the same may be further amended, modified, supplemented, renewed or replaced from time-to-time. The Notes, as amended, hereby remain contemplated and secured by the Trust.
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Modification of the Trust. The Counterclaiming Charities, Heritage, the Historical Society and the Trustee agree to collectively move the Court to modify the Trust and approve the Restated Xxxxxxx Xxxxxxxxxxxxx Trust Agreement as attached hereto as Exhibit 1 (“Restated Trust”) and to enter the proposed Judgment Entry attached hereto as Exhibit 2 (“Order”). This Agreement is conditioned upon the Court’s approval of the Restated Trust, entry of the Order, and the Order becoming a final non-appealable judgment of the Court (“Final Judgment”). Should the Order not be entered or not become a Final Judgment, this Agreement is null and void.
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Modification of the Trust. Deed The Trustee may agree, without the consent of the Noteholders or Couponholders, to (i) any modification of any of the provisions of the Trust Deed, the Notes or the Coupons that is in the opinion of the Trustee, of a formal, minor or technical nature or is made to correct a manifest error, and (ii) any other modification (except as mentioned in the Trust Deed), and any waiver or authorisation of any breach or proposed breach, of any of the provisions of the Trust Deed that is in the opinion of the Trustee not materially prejudicial to the interests of the Noteholders. Any such modification, authorisation or waiver shall be binding on the Noteholders and theCouponholders and, if the Trustee so requires, such modification shall be notified to the Noteholders as soon as practicable.
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Related to Modification of the Trust

  • Creation of the Trust The Trust is hereby created and shall be known as “WaMu Mortgage Pass-Through Certificates Series 2005-AR2 Trust”. The purpose of the Trust is, and the Trust shall have the power and authority, to engage in the following activities, all as provided by and subject to the terms of this Agreement:

  • Termination of the Trust The respective obligations and responsibilities of the Company, the Guarantor and the Trustee with respect to the Trust shall terminate upon distribution to all Holders of the Certificates and the Trustee of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property; provided, however, that in no event shall the Trust continue beyond one hundred ten (110) years following the date of the earliest execution of this Agreement. Notice of any termination, specifying the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the Certificateholders may surrender their Certificates to the Trustee for payment of the final distribution and cancellation, shall be mailed promptly, upon notice to the Trustee, by the Trustee to Certificateholders not earlier than the 60th day and not later than the 20th day next preceding such final distribution specifying (A) the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the proposed final payment of the Certificates will be made upon presentation and surrender of Certificates at the office or agency of the Trustee therein specified, (B) the amount of any such proposed final payment, and (C) that the Record Date otherwise applicable to such Regular Distribution Date (or Special Distribution Date, as the case may be) is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Trustee therein specified. The Trustee shall give such notice to the Registrar at the time such notice is given to Certificateholders. Upon presentation and surrender of the Certificates, the Trustee shall cause to be distributed to Certificateholders amounts distributable on such Regular Distribution Date (or Special Distribution Date, as the case may be) pursuant to Section 4.02. In the event that all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. No additional interest shall accrue on the Certificates after the Regular Distribution Date (or Special Distribution Date, as the case may be). In the event that any money held by the Trustee for the payment of distributions on the Certificates shall remain unclaimed for two years (or such lesser time as the Trustee shall be satisfied, after sixty days' notice from the Company, is one month prior to the escheat period provided under applicable law) after the final distribution date with respect thereto, the Trustee shall pay to each Loan Trustee the appropriate amount of money relating to such Loan Trustee and shall give written notice thereof to the related Owner Trustees and the Company.

  • Administration of the Trust Section 3.01

  • Continuation of the Trust 10 SECTION 2.1 Name........................................................................ 10 SECTION 2.2 Office of the Delaware Trustee; Principal Place of Business.................................................................... 10 SECTION 2.3 Initial Contribution of Trust Property; Organizational Expenses.................................................................... 11 SECTION 2.4 Issuance of the Preferred Securities........................................ 11 SECTION 2.5 Issuance of the Common Securities; Subscription and Purchase of Subordinated Debt Securities.................................... 11 SECTION 2.6 Declaration of Trust........................................................ 12 SECTION 2.7 Authorization to Enter into Certain Transactions............................ 12 SECTION 2.8

  • Administration of the Trust Fund Section 4.01

  • Establishment of the Trust The Depositor does hereby establish, pursuant to the further provisions of this Agreement and the laws of the State of New York, an express trust to be known, for convenience, as “Deutsche Alt-A Securities, Mortgage Loan Trust, Series 2006-AR2” and does hereby appoint HSBC Bank USA, National Association as Trustee in accordance with the provisions of this Agreement.

  • Management of the Trust The business and affairs of the Trust shall be managed by or under the direction of the Trustees, and they shall have all powers necessary or desirable to carry out that responsibility. The Trustees may execute all instruments and take all action they deem necessary or desirable to promote the interests of the Trust. Any determination made by the Trustees in good faith as to what is in the interests of the Trust shall be conclusive. In construing the provisions of this Declaration, the presumption shall be in favor of a grant of power to the Trustees.

  • Optional Preservation of the Trust Estate If the Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may, but need not, elect to maintain possession of the Trust Estate and continue to apply the proceeds thereof, in accordance with Sections 3.01 and 8.03. It is the desire of the parties hereto and the Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Notes, and the Indenture Trustee shall take such desire into account when determining whether or not to maintain possession of the Trust Estate. In determining whether to maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

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