Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 88 contracts
Sources: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2026-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2026-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2026-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 66 contracts
Sources: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2019-1), Trust Agreement (AFS SenSub Corp.), Trust Agreement (AmeriCredit Automobile Receivables Trust 2018-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner TrusteeCertificate Registrar, or Wilmington Trust Company, as the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate Certificates under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate Certificates issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate Certificates shall be found at any time.
Appears in 58 contracts
Sources: Trust Agreement (Exeter Automobile Receivables Trust 2026-2), Trust Agreement (Exeter Automobile Receivables Trust 2026-2), Trust Agreement (Exeter Automobile Receivables Trust 2026-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Securities Administrator, the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them reasonably satisfactory to each, to save each of them harmless, then then, in the absence of actual notice to the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Securities Administrator shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, Class and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Securities Administrator and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 48 contracts
Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 45 contracts
Sources: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb3), Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust), Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 42 contracts
Sources: Trust Agreement (GMACM Home Equity Loan Trust 2006-He1), Trust Agreement (GMACM Home Equity Loan Trust 2006-He5), Trust Agreement (GMACM Home Equity Loan Trust 2007-He2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 36 contracts
Sources: Trust Agreement (Nissan Auto Receivables 2014-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2014-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2014-a Owner Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 32 contracts
Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Loan Trust 2004-1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar4), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-9)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 32 contracts
Sources: Trust Agreement (Nissan Auto Receivables 2025-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2025-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Securities Administrator or the Certificate Registrar, or if the Securities Administrator and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice actual knowledge by the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Securities Administrator shall execute and the Owner Trustee, or cause the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall Registrar to authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under pursuant to this Section, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lostdestroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 29 contracts
Sources: Trust Agreement (Gs Mortgage Securities Corp), Master Servicing and Trust Agreement (Gs Mortgage Securities Corp), Master Servicing and Trust Agreement (GSR Mortgage Loan Trust 2005-Ar3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Securities Administrator or the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice actual knowledge by the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Securities Administrator shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 27 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Corp. 2006-He1), Pooling and Servicing Agreement (Jpmac 2006-Ch2), Pooling and Servicing Agreement (Jpmac 2006-Nc1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of like Class, tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.6, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.6 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 26 contracts
Sources: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, as the case may be, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 24 contracts
Sources: Trust Agreement (Mmca Auto Owner Trust 2001-3), Trust Agreement (Mmca Auto Owner Trust 2001-3), Trust Agreement (Mmca Auto Receivables Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Indenture Trustee and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 21 contracts
Sources: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 21 contracts
Sources: Trust Agreement (Americredit Automobile Receivables Trust 2012-1), Trust Agreement (Americredit Automobile Receivables Trust 2012-1), Trust Agreement (Americredit Automobile Receivables Trust 2011-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 17 contracts
Sources: Trust Agreement (Home Equity Loan Trust 2006-Hsa3), Trust Agreement (RFMSII Series 2006-Hsa2 Trust), Trust Agreement (Home Equity Loan Trust 2007-Hsa1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save hold each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s its authenticating agent, agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationSeries principal balance. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 16 contracts
Sources: Trust Agreement (HSBC Auto Receivables Corp), Trust Agreement (Household Automotive Trust 2004-1), Trust Agreement (Household Auto Receivables Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor, the NIMS Insurer and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 16 contracts
Sources: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-Wmc1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Indenture Trustee and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver (or shall cause the Indenture Trustee as its authenticating agent to authenticate and deliver), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 16 contracts
Sources: Trust Agreement, Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Issuing Entity shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 4.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuing Entity, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 12 contracts
Sources: Trust Agreement (NovaStar Certificates Financing CORP), Trust Agreement (Accredited Mortgage Loan REIT Trust), Trust Agreement (NovaStar Certificates Financing LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated certificated Certificate shall be is surrendered to the Certificate Registrar, Administrator or if (ii) the Certificate Registrar shall receive Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate certificated Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee, Administrator such security or indemnity as may be required by them it to save each of them it harmless, then then, in the absence of notice to the Administrator that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Administrator shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new certificated Certificate of like tenor and denominationrepresenting a like principal or notional principal amount (or, if applicable, a like percentage of the Residual Interest). In connection with Upon the issuance of any new Certificate under this Sectioncertificated Certificate, the Owner Trustee or the Certificate Registrar Administrator may require the payment of make a sum sufficient to cover charge for such issuance and will make a charge for any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate so issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in of that portion of the TrustRegular Interest or Residual Interest of the related REMIC Pool, as if originally issuedor that portion of the related MACR Pool, represented thereby, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 12 contracts
Sources: Master Trust Agreement, Multiclass Certificates Master Trust Agreement, Master Trust Agreement
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarThe Chase Manhattan Bank, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Sources: Trust Agreement (Premier Auto Trust 1999-2), Trust Agreement (Daimlerchrysler Auto Trust 2001 B), Trust Agreement (Daimlerchrysler Auto Trust 2001-C)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trust and the Registrar or if the Certificate Registrar shall receive Trust receives evidence to its satisfaction of the destruction, loss or theft of any Certificate the Certificate, and (bii) there shall be is delivered to the Certificate Registrar Registrar, the Trust, the Delaware Trustee and the Owner Trustee, Administrator such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trust that such the Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Delaware Trustee on behalf of the Trust shall execute and the Owner Trustee, Delaware Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, amount and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, Section the Owner Trustee Trust or the Certificate Registrar Delaware Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Certificate and any other reasonable expenses (including the reasonable fees and expenses of the Trust, Delaware Trustee, the Administrator and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Sources: Trust Agreement (Goal Capital Funding, LLC), Trust Agreement (Nelnet Student Loan Trust 2006-2), Trust Agreement (Nelnet Student Loan Trust 2005-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarBankers Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Sources: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Transferors shall execute, the Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 10 contracts
Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 10 contracts
Sources: Trust Agreement (Nissan Auto Receivables 2005-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2003-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2003-B Owner Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Trust Agreement (AmeriCredit Automobile Receivables Trust 2005-B-M), Trust Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X), Trust Agreement (Americredit Automobile Receivables Trust 2004-B-M)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar▇▇▇▇▇ Fargo Delaware Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Trust Agreement (UPFC Auto Receivables Trust 2006-B), Trust Agreement (UPFC Auto Receivables Trust 2007-B), Trust Agreement (UPFC Auto Receivables Corp.)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s its authenticating agent, agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationSeries principal balance. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Trust Agreement (Household Automotive Trust 2001-1), Trust Agreement (Household Automotive Trust v Series 2000 2), Trust Agreement (Household Auto Receivables Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Seller shall execute, the Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 4.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Trust Agreement (Accredited Mortgage Loan Trust 2004-3), Trust Agreement (Accredited Mortgage Loan Trust 2004-4), Trust Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Servicer, the Trustee and the Certificate Registrar and the Owner Trustee, such security or indemnity (which may include a letter of indemnity delivered by an insurance company) as may be required by each of them to save each of them harmless, then then, in the absence of notice to the Servicer, the Trustee and the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Servicer shall execute and deliver, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliverauthenticate, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this SectionSection 4.03, the Owner Servicer and the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses connected therewith. Any duplicate Certificate issued pursuant to this Section 4.03 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable Trust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Trust 1996-C)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless a Note Insurer Default shall have occurred and be continuing) the Note Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWTC, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Sources: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement, Trust Agreement (Long Beach Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 8 contracts
Sources: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-B), Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Trust Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate Registrar_____________________, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 8 contracts
Sources: Trust Agreement (Wells Fargo Auto Receivables Corp), Trust Agreement (Volkswagen Public Auto Loan Securitization LLC), Trust Agreement (Amsouth Auto Receivables LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Registrar, the Owner Trustee and the Owner Trustee, Insurer such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 8 contracts
Sources: Trust Agreement (Headlands Mortgage Securities Inc), Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (Advanta Mortgage Conduit Services Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Servicer, the Trustee and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by each of them to save each of them harmless, then then, in the absence of notice to the Servicer, the Trustee and the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Servicer shall execute and deliver, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliverauthenticate, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest, but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this SectionSection 4.03, the Owner Servicer and the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses connected therewith. Any duplicate Certificate issued pursuant to this Section 4.03 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 8 contracts
Sources: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trust and the Registrar or if the Certificate Registrar shall receive Trust receives evidence to its satisfaction of the destruction, loss or theft of any Certificate the Certificate, and (bii) there shall be is delivered to the Certificate Registrar Registrar, the Trust, the Delaware Trustee and the Owner Trustee, Administrator such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trust that such the Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Delaware Trustee on behalf of the Trust shall execute and the Owner Trustee, Delaware Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, amount and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee Trust or the Certificate Registrar Delaware Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Certificate and any other reasonable expenses (including the reasonable fees and expenses of the Trust, Delaware Trustee, the Administrator and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Sources: Trust Agreement (Gmac Elf LLC), Trust Agreement (Nelnet Student Loan Funding LLC), Trust Agreement (Nelnet Student Loan Funding LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide purchaserProtected Purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any timeanytime.
Appears in 7 contracts
Sources: Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or Indenture Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Sources: Trust Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-B), Trust Agreement (Chrysler Financial Auto Securitization Trust 2009-A)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) (except in the case of a mutilated Certificate) there shall be is delivered to the Trustee and the Certificate Registrar and the Owner Trusteesuch agreement, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewithrelation thereto. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Sources: Pooling Agreement (Structured Asset Mortgage Investments Ii Trust 2005-F1), Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F3), Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarJPMorgan Chase Bank, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Sources: Trust Agreement (Daimlerchrysler Services North America LLC), Trust Agreement (Daimlerchrysler Auto Trust 2002 A), Trust Agreement (Daimlerchrysler Auto Trust 2003-B)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Securities Administrator, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2008-1), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Transferor shall execute, the Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (Partners First Receivables Funding Corp), Pooling and Servicing Agreement (Credit Card Receivables Funding Corp), Pooling and Servicing Agreement (Partners First Receivables Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, any NIMS Insurer, the Certificate Registrar and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute Fund and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar[Owner Trustee], as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.), Trust Agreement (Efcar, LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor and the Certificate Registrar (and with respect to the Owner TrusteeInsured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-2), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2005-Ar5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Certificate Administrator, the Company and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Certificate Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Certificate Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Certificate Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Deposit Trust Agreement (Fund America Investors Corp Ii), Trust Agreement (Aames Capital Acceptance Corp), Deposit Trust Agreement (Fund America Investors Corp Ii)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Transferor shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest. In connection with the issuance of any new Certificate under this SectionSection 6.04, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.04 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationfractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. If, after the delivery of such replacement Certificate or payment of a destroyed, lost or stolen Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the Seller and the Trustee shall be entitled to recover such replacement Certificate (or such payment) from the Person to whom it was delivered or any Person taking such replacement Certificate from such Person to whom such replacement Certificate was delivered or any assignee of such Person, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the Seller or the Trustee in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trust and the Registrar or if the Certificate Registrar shall receive Trust receives evidence to its satisfaction of the destruction, loss or theft of any Certificate the Certificate, and (bii) there shall be is delivered to the Certificate Registrar Registrar, the Trust, the Delaware Trustee and the Owner Trustee, Administrator such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trust that such the Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Delaware Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Delaware Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, amount and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, Section the Owner Trustee Trust or the Certificate Registrar Delaware Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Certificate and any other reasonable expenses (including the reasonable fees and expenses of the Trust, the Delaware Trustee, the Administrator and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Sources: Trust Agreement (Nelnet Student Loan Trust 2009-2), Trust Agreement (Nelnet Student Loan Trust 2008-4), Trust Agreement (Nelnet Student Loan Trust 2008-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 11.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 11.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Transaction Corp), Trust and Servicing Agreement (Bay View Deposit CORP)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner TrusteeTrust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (SG Mortgage Securities, LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Securities Administrator, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Securities Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Pooling and Servicing Agreement (Zuni 2006-Oa1), Pooling and Servicing Agreement (Thornburg 2006-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.this
Appears in 5 contracts
Sources: Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Nissan Auto Receivables 2001-a Owner Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Securities Administrator, the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-4 Trust), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-1 Trust), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-3 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Trust from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner TrusteeTrust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Transferor shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest. In connection with the issuance of any new Certificate under this SectionSection 6.04, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.04 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II)
Mutilated, Destroyed, Lost or Stolen Certificates. If -------------------------------------------------
(a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarBankers Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Sources: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them it to save each of them it harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationClass. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require of the Certificateholder the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses connected therewith. Any duplicate replacement Certificate of any Class issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest of the Percentage Interest in the Trustdistributions to which the Certificateholders of such Class are entitled, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time, and such mutilated, destroyed, lost or stolen Certificate shall be of no force or effect under this Agreement.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Pooling and Servicing Agreement (Sequoia Mort Trust 4 Mort Loan Asset Back Pass-Through Cert), Pooling and Servicing Agreement (MLCC Mortgage Investors Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar or the Trustee and to the Owner Trustee, Certificate Insurer such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaserpurchaser other than the Person who requested a replacement Certificate, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 6.4, the Owner Trustee or and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Securities Administrator or the Certificate Registrar, or if the Securities Administrator or the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof, and (bii) there shall be is delivered to Securities Administrator or the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them it to save each of them it harmless, then then, in the absence of notice actual knowledge by the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agentSecurities Administrator, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Securities Administrator or the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (SG Mortgage Securities Trust 2006-Opt2), Pooling and Servicing Agreement (SG Mortgage Securities Trust 2006-Fre1), Pooling and Servicing Agreement (SG Mortgage Securities Trust 2005-Opt1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarDeutsche Bank Trust Company Americas, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (DaimlerChrysler Auto Trust 2006-D), Trust Agreement (Daimlerchrysler Auto Trust 2005-B), Trust Agreement (Daimlerchrysler Auto Trust 2004-B)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor, the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10), Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarDeutsche Bank Trust Company Americas, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Americredit Automobile Receivables Trust 2003-B-X), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Automobile Receivables Trust 2002-E-M)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate (provided that a Certificateholder's written statement with respect to such destruction, loss or theft shall constitute satisfactory evidence thereof) and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 7.04, the Owner Trustee or and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 7.04 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Master Trust Agreement (Aegis Consumer Funding Group Inc), Pooling and Servicing Agreement (Aegis Consumer Funding Group Inc), Pooling and Servicing Agreement (Aegis Consumer Funding Group Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Registrar, the Indenture Trustee and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar, the Indenture Trustee or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarIndenture Trustee, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.10, the Owner Trustee, the Indenture Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.10 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Wachovia Asset Sec Series 2004 - HE1), Trust Agreement (Wachovia Asset Securitization Inc 2003-He2 Trust), Trust Agreement (Wachovia Asset Funding Trust, LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Transferor shall execute, Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (World Financial Network Credit Card Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Depositor, any NIMS Insurer, the Certificate Registrar (and with respect to the Insured Certificates, the Certificate Insurer) and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Fund and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Harborview 2006-9), Pooling and Servicing Agreement (HarborView 2006-10), Pooling and Servicing Agreement (HarborView 2006-12)
Mutilated, Destroyed, Lost or Stolen Certificates. If If:
(a) any mutilated Certificate shall be surrendered to the Certificate RegistrarAdministrative Trustees, or if the Certificate Registrar Administrative Trustees shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate; and (b) there shall be delivered to the Certificate Registrar Administrative Trustees and the Owner Trustee, Property Trustee such security or indemnity as may be required by them to save keep each of them the Trustees and the Trust harmless, then then, in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner any Administrative Trustee on behalf of the Trust shall execute and deliver, and, in the Owner Trusteecase of a Trust Preferred Securities Certificate, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Property Trustee shall authenticate and deliverauthenticate, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 9.8, the Owner Administrative Trustees and the Property Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trustrelevant Securities, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Detroit Edison Trust I), Trust Agreement (Dte Energy Co), Trust Agreement (Apache Trust Ii)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Securities Administrator, the Trustee, the Depositor, the NIMS Insurer and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He1), Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar[___________], as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Sources: Trust Agreement (Daimlerchrysler Services North America LLC), Trust Agreement (DaimlerChrysler Financial Services Americas LLC), Trust Agreement (DaimlerChrysler Financial Services Americas LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Certificate Registrar (and with respect to the Insured Certificates, the Certificate Insurer) and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Harborview 2006-Bu1), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar Administrator and the Owner Trustee, Certificate Registrar such security or indemnity as may be reasonably required by them to save each of them harmless, then then, in the absence of actual notice to the Certificate Administrator and the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Certificate Registrar shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Sectionsection, the Owner Trustee or Certificate Administrator and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Administrator and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2006-C5), Pooling and Servicing Agreement (CD 2007-Cd4 Commercial Mortgage Trust), Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2007-C6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate RegistrarThe Chase Manhattan Bank, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them and the Issuer harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner TrusteeCertificate Trustee such security, such security indemnity or indemnity bond as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Certificate Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Certificate Trustee, on behalf of the Trust Trust, shall execute execute, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate (of the same Series or Class as the Certificate so mutilated, destroyed, lost or stolen) of like tenor and denominationOriginal Principal Amount. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Certificate Trustee or the Certificate Registrar may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Delaware Trustee, the Certificate Trustee and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership the same interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Declaration and Agreement of Trust (Pg&e Funding LLC), Declaration and Agreement of Trust (Sce Funding LLC), Declaration and Agreement of Trust (Sdg&e Funding LLC a De Limited Liability Co)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Class A Insurer and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Depositor, any NIMS Insurer, the Certificate Registrar and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Fund and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (HarborView 2007-3), Pooling and Servicing Agreement (HarborView 2006-Sb1), Pooling and Servicing Agreement (HarborView 2006-11)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate Registrar[_____________________], as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Bas Securitization LLC), Trust Agreement (Bas Securitization LLC), Trust Agreement (Lehman Brothers Asset Securitization LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 4.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Accredited Home Lenders Inc), Trust Agreement (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1), Trust Agreement (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor class, and denominationpercentage ownership interest in the Trust. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (National Auto Finance Co Inc), Trust Agreement (National Auto Finance Co Inc), Trust Agreement (National Financial Auto Funding Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Morgan Stanley Abs Capital I Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Toyota Motor Credit Receivables Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Certificate Registrar Trustee and the Owner TrusteeDepositor (and with respect to the Insured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar (and, with respect to the Insured Certificates, the Certificate Insurer) that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling Agreement (Harborview Mortgage Loan Trust 2006-1), Pooling Agreement (Harborview 2006-5), Pooling Agreement (Harborview 2006-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, any NIMS Insurer, the Certificate Registrar (and with respect to the Insured Certificates, the Certificate Insurer) and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute Fund and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (HarborView 2006-14), Pooling and Servicing Agreement (HarborView 2007-2), Pooling and Servicing Agreement (Dsla 2007-Ar1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be reasonably required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Certificate Registrar shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, Registrar (or shall cause LaSalle Bank National Association as the Owner Trustee’s its authenticating agentagent to authenticate and deliver), shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Trust Agreement (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Trust Agreement (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarBankers Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Certificate Registrar and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Harborview 2006-6), Pooling and Servicing Agreement (HarborView 2006-13), Pooling and Servicing Agreement (Harborview 2006-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Class A Insurer, the Backup Insurer and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Transferor shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest. In connection with the issuance of any new Certificate under this SectionSection 6.4, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Mellon Bank Premium Finance Master Trust), Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Certificate Registrar Trustee and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar (and, with respect to the Insured Certificates, the Certificate Insurer) that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling Agreement (HarborView Mortgage Loan Trust 2005-10), Pooling Agreement (Mortgage Loan Pass-Through Certificates Series 2005-12), Pooling Agreement (HarborView Mortgage Loan Trust 2005-16)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner TrusteeCertificate Trustee such security, such security indemnity or indemnity bond as may be required by them to save each of them harmless, then then, in the absence of notice notice, in the manner provided by Section 11.04, to the Registrar or the Certificate Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Certificate Trustee, on behalf of the Trust Trust, shall execute execute, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate (of the same Series or Class as the Certificate so mutilated, destroyed, lost or stolen) of like tenor and denominationOriginal Principal Amount. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Certificate Trustee or the Certificate Registrar may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Delaware Trustee, the Certificate Trustee and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive evidence of an ownership the same interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Trust Agreement (Pg&e Funding LLC), Trust Agreement (Sce Funding LLC), Declaration and Agreement of Trust (Sdg&e Funding LLC a De Limited Liability Co)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction in the form of a certification by the holder thereof of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save the Trust and each of them harmless, then then, in the absence of actual notice to a Responsible Officer of the Trustee or Transfer Agent and Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf Company shall execute and, upon the written request of the Trust shall execute and Company, the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Fractional Undivided Interest and bearing a number that is not contemporaneously outstanding. In connection with the issuance of any new Certificate under this SectionSection 5.4, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 5.4 shall constitute conclusive and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co), Pooling Agreement (United Stationers Supply Co)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Trustee, the Administrator, the Servicer and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Administrator shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee, the Administrator and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor, the Seller, the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Securities Administrator shall execute and the Owner Trusteeexecute, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this SectionSection 6.03, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section 6.03, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Class A Certificate or Class B Certificate shall be surrendered to the Transfer Agent and Certificate Registrar, or if the Transfer Agent and Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Class A Certificate or Class B Certificate and (b) there shall be delivered to the Trustee and the Transfer Agent and Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such such, Class A Certificate or Class B Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute execute, authenticate and (if the Owner Transfer Agent and Certificate Registrar is different from the Trustee, or the then Transfer Agent and Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and Registrar shall) deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Class A Certificate or Class B Certificate, a new Class A Certificate or Class B Certificate of like tenor and denominationdenomination but bearing a number not contemporaneously outstanding. In connection with the issuance of any new Class A Certificate or Class B Certificate under this SectionSection 9.4, the Owner Trustee or the Transfer Agent and Certificate Registrar Registrar, as the case may be, may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Replacement Class A Certificate or Class B Certificate issued pursuant to this Section 9.4 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the a lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC)