Common use of Mutilated, Destroyed, Lost or Stolen Trust Certificates Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balance. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 104 contracts

Samples: Trust Agreement (Honda Auto Receivables 2011-1 Owner Trust), Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2012-2 Owner Trust)

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Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 97 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2013-A), Trust Agreement (World Omni Auto Receivables Trust 2022-A), Trust Agreement (World Omni Auto Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its the Owner Trustee’s Authenticating Agent Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 68 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2011-C), Trust Agreement (Hyundai Auto Receivables Trust 2006-B), Trust Agreement (Hyundai Auto Receivables Trust 2015-C)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate (provided, that the Trustee shall not be required to verify the evidence provided to it), and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new replacement Trust Certificate evidencing the same percentage of beneficial interest in an authorized denomination and of a like original certificate balancethe Trust as the Trust Certificate so mutilated, destroyed, lost or stolen. In connection with the issuance of any new replacement Trust Certificate under this Section, the Owner Trustee and 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 therewith. Any duplicate replacement Trust Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Trust Certificate shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the mutilated, lost, stolen or destroyed Trust Certificate shall be found at any time, and shall be entitled to all the benefits of this Agreement.

Appears in 54 contracts

Samples: Trust Agreement (CNH Equipment Trust 2019-B), Trust Agreement (CNH Equipment Trust 2016-A), Trust Agreement (CNH Equipment Trust 2023-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 48 contracts

Samples: Trust Agreement (Nissan Auto Lease Trust 2010-B), Trust Agreement (Nissan Auto Lease Trust 2010-B), Trust Agreement (Nissan Auto Leasing LLC Ii)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancefractional undivided interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 31 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2013-1), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2010-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 31 contracts

Samples: Trust Agreement (World Omni LT), Trust Agreement (World Omni LT), Trust Agreement (World Omni LT)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then (and in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to or is in the possession of a bona fide third party purchaser), provided that the requirements of Section 8‑405 of the UCC are met, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under pursuant to 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, Issuer as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 27 contracts

Samples: Trust Agreement (BMW Vehicle Lease Trust 2016-1), Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Vehicle Lease Trust 2023-2)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Delaware 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 a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Delaware Trustee on behalf of the Issuer Trust shall execute and the Owner Delaware Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Delaware Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 19 contracts

Samples: Trust Agreement (Higher Education Funding I), Trust Agreement (Collegiate Funding of Delaware LLC), Trust Agreement (College Loan Corp Trust II)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balance. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 18 contracts

Samples: Trust Agreement (American Honda Receivables Corp), Trust Agreement (Honda Auto Receivables 2004-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2002-2 Owner Trust)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 18 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2006-B), Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate (provided, that the Trustee shall not be required to verify the evidence provided to it), and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, and provided that the Owner requirements of Section 8-405 of the UCC are met, the Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new replacement Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new replacement Trust Certificate under this Section, the Owner Trustee and 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 therewith. Any duplicate replacement Trust Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Trust Certificate shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the mutilated, lost, stolen or destroyed Trust Certificate shall be found at any time, and shall be entitled to all the benefits of this Agreement.

Appears in 17 contracts

Samples: Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (CNH Equipment Trust 2005-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then (and in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to or is in the possession of a bona fide third party purchaser), provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under pursuant to 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, Issuer as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 16 contracts

Samples: Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Vehicle Lease Trust 2010-1), Trust Agreement (BMW Vehicle Lease Trust 2012-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balanceCertificate Interest. In connection with the issuance of any new Trust Certificate under this SectionSection 3.05, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section 3.05 shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 16 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2021-B), Trust Agreement (Harley-Davidson Motorcycle Trust 2020-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2022-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent The Chase Manhattan Bank, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 15 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2001-A), Trust Agreement (BMW Vehicle Owner Trust 2001-A), Trust Agreement (First Merchants Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balance. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 15 contracts

Samples: Trust Agreement (Honda Auto Receivables 2009-1 Owner Trust), Trust Agreement (Honda Auto Receivables 2008-2 Owner Trust), Trust Agreement (Honda Auto Receivables 2009-2 Owner Trust)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balanceCertificate Percentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 12 contracts

Samples: Trust Agreement (WFS Financial 2005-2 Owner Trust), Trust Agreement (WFS Receivables Corp 4), Trust Agreement (WFS Receivables Corp 3)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent U.S. Bank National Association, as the Trust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 12 contracts

Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender Trustee such security or indemnity as may be required by them to save each of them and the Trust harmless, then, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Issuer Trust shall execute and the Owner Eligible Lender Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 10 contracts

Samples: Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Bond Securitization LLC), Trust Agreement (Bond Securitization LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balanceCertificate Percentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 8 contracts

Samples: Trust Agreement (WFS Receivables Corp 2), Trust Agreement (WFS Receivables Corp), Trust Agreement (WFS Receivables Corp 3)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is delivered to the Trustee 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, in the absence of notice to a Responsible Officer of the Owner Trustee or the Certificate Registrar that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor, Class and of Percentage Interest but bearing a like original certificate balancenumber not contemporaneously outstanding. In connection with Upon the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Certificate Registrar) connected therewith. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 8 contracts

Samples: Trust Agreement (RALI Series 2005-Qr1 Trust), Trust Agreement (Stanwich Asset Acceptance CO LLC), Trust Agreement (RALI Series 2008-QR1Trust)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is delivered to the Certificate Registrar and the Owner Trustee Trust Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or Trust Agent, as its Authenticating Agent authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancefractional undivided interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee or, on its behalf, the Trust Agent, 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives and the Owner Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Trustee such security or indemnity as may be reasonably required by them to save each of them harmless, then, then in the absence of notice to a Responsible Officer of the Owner Trustee Trust that such Trust Certificate has been acquired by a bona fide protected purchaser, the Certificate Registrar shall cause the Owner Trustee on behalf of the Issuer shall Trust to execute and the Owner Trustee or its Authenticating Agent Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor and denomination. The Holder of such Trust Certificate shall pay the reasonable expenses and charges of the Certificate Registrar and the Owner Trustee in an authorized denomination and of a like original certificate balanceconnection therewith. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section 3.05 shall constitute conclusive evidence of ownership of a beneficial interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Hercules Technology Growth Capital Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balanceCertificate Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2014-1), Trust Agreement (Harley-Davidson Motorcycle Trust 2015-2), Trust Agreement (Harley-Davidson Customer Funding Corp.)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee Trustee, or its Authenticating Agent the Administrator 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 6 contracts

Samples: Trust Agreement (Firstplus Investment Corp), Trust Agreement (Firstplus Investment Corp), Trust Agreement (Preferred Securitization Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Owner Trustee and the Certificate Registrar receives shall receive evidence to its their satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent the Owner Trustee's authentication agent or Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Painewebber Asset Acceptance Corp), Trust Agreement (Ml Asset Backed Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancefractional undivided interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement (WFS Financial Auto Loans Inc), Trust Agreement (Dealer Auto Receivables Corp), Trust Agreement (Dealer Auto Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Deutsche Bank Trust Company Americas, 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 Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust 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 Trust Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Auto Trust 2006-1), Trust Agreement (Franklin Auto Trust 2007-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate (provided, that the Trustee shall not be required to verify the evidence provided to it), and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, and provided that the Owner requirements of Section 8-405 of the UCC are met, the Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new replacement Trust Certificate evidencing the same percentage of beneficial interest in an authorized denomination and of a like original certificate balancethe Trust as the Trust Certificate so mutilated, destroyed, lost or stolen. In connection with the issuance of any new replacement Trust Certificate under this Section, the Owner Trustee and 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 therewith. Any duplicate replacement Trust Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Trust Certificate shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the mutilated, lost, stolen or destroyed Trust Certificate shall be found at any time, and shall be entitled to all the benefits of this Agreement.

Appears in 4 contracts

Samples: Trust Agreement (CNH Equipment Trust 2006-A), Trust Agreement (CNH Equipment Trust 2007-A), Trust Agreement (CNH Equipment Trust 2006-B)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender 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 a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Issuer Trust shall execute and the Owner Eligible Lender Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of the same class in an authorized denomination and denominations of a like original certificate balanceaggregate amount. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Key Bank Usa National Association), Trust Agreement (Mellon Bank N A), Trust Agreement (Key Bank Usa National Association)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Deutsche Bank Trust Company Americas, 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 Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust 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 Trust Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Franklin Auto Trust 2004-2), Trust Agreement (Franklin Auto Trust 2003-2), Trust Agreement (Franklin Auto Trust 2004-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent U.S. Bank Trust Company, National Association, as the Trust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 4 contracts

Samples: Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2023-A), Trust Agreement (BMW Vehicle Owner Trust 2022-A), Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2022-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to actual knowledge by a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust 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 Trust Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Barnett Auto Receivables Corp), Trust Agreement (Ace Securities Corp), Trust Agreement (Mellon Auto Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee Trustee, ______________ or its Authenticating Agent _________, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Avco Abs Receivables Corp), Trust Agreement (Chec Asset Receivables Corp), Trust Agreement (Chec Asset Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee Trustee, or its Authenticating Agent Bankers 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (Money Store Auto Trust 1996-2), Trust Agreement (TMS Auto Holdings Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Capitalsource Inc), Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (American Business Financial Services Inc /De/)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancefractional undivided interest. In connection with the issuance of any new Trust Certificate under this SectionSection 3.05, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section 3.05 shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Citibank, N.A., as the Trust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2011-A), Trust Agreement (BMW Vehicle Owner Trust 2011-A), Trust Agreement (BMW Vehicle Owner Trust 2010-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (American Honda Receivables Corp), Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (American Honda Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2003-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [ ], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Chase Manhattan Acceptance Corp /De/), Trust Agreement (J P Morgan Acceptance Corp I), Trust Agreement (Chase Funding Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and the Owner Trustee or the Authenticating Agent such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice to actual knowledge by a Responsible Officer of the Owner Trustee or the Authenticating Agent that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee Trustee, or the Authenticating Agent at the direction of the Owner Trustee, in the name and on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate execute, authenticate, issue and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balanceOwnership Percentage. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may Trustee, or the Authenticating Agent at the direction of the Owner Trustee, or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall be duly authorized, validly issued and entitled to the benefits of this Agreement, and shall constitute conclusive evidence of a beneficial ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Money Store Home Equity Corp), Money Store Home Equity Corp, Money Store Home Equity Corp

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender 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 a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Issuer Trust shall execute and the Owner Eligible Lender Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Crestar Bank /Va), Trust Agreement (PNC Bank National Association/), Trust Agreement (Crestar Bank /Va)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any a mutilated Trust Certificate is shall be surrendered to the Certificate RegistrarUnderlying Trustee, or if the Certificate Registrar receives Underlying Trustee shall receive evidence to its satisfaction of the destruction, loss or theft of any the Underlying Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and the Owner Underlying 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Underlying Trustee on behalf of the Issuer Underlying Trust shall execute and the Owner Underlying Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balanceCertificate. In connection with the issuance of any a new Trust Certificate under this Section, the Owner Underlying Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of the ownership interest in the Underlying Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Motorcycle Trust 2016-A), Trust Agreement (Harley-Davidson Customer Funding Corp.)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Citibank, N.A., 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2004-A), Trust Agreement (BMW Fs Securities LLC), Trust Agreement (SSB Vehicle Securities Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of written notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent The Bank of New York, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Trust Agreement (Regions Auto Receivables Trust 2003-1), Trust Agreement (Regions Auto Receivables Trust 2002-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.. 10 (NALT 2019-A Amended and Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Bankers 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 Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust 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 Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.. 10 (NALT 2020-B Amended and Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancefractional undivided interest. In connection with the issuance of any new Trust Certificate under this SectionSection , the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (WFS Financial 1996-D Owner Trust), Trust Agreement (WFS Financial 1997-a Owners Trust)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [_______________], 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 Trust Certificate, a new newn Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Cwabs Inc), Trust Agreement (First Horizon Asset Securities Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.. 10 (NALT 2019-B Amended and Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [____________], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [_______________], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this SectionSection , 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Morgan Stanley Abs Capital I Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee Trustee, or its Authenticating Agent Bankers 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balanceOwnership Percentage. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership an Ownership Percentage in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee Trustee, or its Authenticating Agent the Administrator 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may require or the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.Certificate

Appears in 2 contracts

Samples: Trust Agreement (Mego Mortgage Corp), Trust Agreement (Mego Financial Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [______________________], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of the same Series of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate of a Series issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trustrelated Subdivision, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Daimlerchrysler Services North America LLC), Trust Agreement (Daimlerchrysler Services North America LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Ucfc Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.. (NALT 2011-B Amended and Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Lease Trust 2011-B), Trust Agreement (Nissan Auto Lease Trust 2011-B)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent _______________, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Mortgage Investments Inc), Trust Agreement (Structured Asset Mortgage Investments Inc)

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Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [ ], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Goldman Sachs Asset Backed Securities Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If ------------------------------------------------------- (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender Trustee such security or indemnity as may be required by them to save each of them and the Trust harmless, then, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Issuer Trust shall execute and the Owner Eligible Lender Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate (PROVIDED, that the Trustee shall not be required to verify the evidence provided to it), and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, and provided that the Owner requirements of Section 8-405 of the UCC are met, the Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new replacement Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new replacement Trust Certificate under this Section, the Owner Trustee and 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 therewith. Any duplicate replacement Trust Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Trust Certificate shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the mutilated, lost, stolen or destroyed Trust Certificate shall be found at any time, and shall be entitled to all the benefits of this Agreement.

Appears in 2 contracts

Samples: Execution Copy (CNH Receivables Inc), Trust Agreement (CNH Capital Receivables Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent The Bank of New York, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (National City Auto Receivables Trust 2004-A), Trust Agreement (National City Auto Receivables Trust 2002-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then (and in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to or is in the possession of a bona fide third party purchaser), provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, Issuer as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Vehicle Lease Trust 2007-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.. 10 (NALT 2020-A Amended and Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.. 10 (NALT 2023-A Second Amended and Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Lease Trust 2023-A), Trust Agreement (Nissan Auto Lease Trust 2023-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent an authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balance. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 2 contracts

Samples: Trust Agreement (Honda Auto Receivables 2005-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2005-3 Owner Trust)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or if the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is (NALT 2007-A Amended and Restated Trust Agreement) 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by transferred to a bona fide purchaserprotected purchaser and provided that the requirements of Section 8-405 of the UCC are met, the Owner Trustee on behalf of the Issuer Issuing Entity shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust 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 Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to actual knowledge by a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee in the name and on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate execute, authenticate, issue and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like class, tenor and of a like original certificate balanceOwnership Percentage. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall be duly authorized, validly issued and entitled to the benefits of this Agreement, and shall constitute conclusive evidence of a beneficial ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Money Store Home Equity Corp

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [___], as the Trust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (BMW Fs Securities LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent JPMorgan Chase Bank, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Owner Trustee or the Certificate Registrar, or the Owner Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is delivered to the Owner Trustee 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, in the absence of notice to actual knowledge by a Responsible Officer of the Owner Trustee or the Certificate Registrar that such Trust Certificate has not been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like Class and of a like original certificate balancetenor. In connection with Upon the issuance of any new Trust Certificate under this SectionSection 12.2, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership of the corresponding interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time, and such original Trust Certificate shall be deemed cancelled upon the issuance of such replacement Trust Certificate.

Appears in 1 contract

Samples: Trust Agreement (Commercial Assets Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its the Owner Trustee’s Authenticating Agent Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.. (2009-A Second Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Hyundai Abs Funding Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent the Indenture Amended and Restated Trust Agreement 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Huntington Funding, LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is delivered to the Certificate Registrar and the Owner Trustee Trust Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or Trust Agent, as its Authenticating Agent authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee or, on its behalf, the Trust Agent, 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, mutilated, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Onyx Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent the Indenture 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Huntington Auto Trust 2012-1)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [_______________], as the Trust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (BMW Fs Securities LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (ii) there is delivered to the Certificate Registrar and the Owner Trustee Trust Agent receive such security or indemnity as may be required by them to save each of them hold the Certificate Registrar and the Trust Agent harmless, then, in the absence of notice to a Responsible Officer of the Owner Trustee Certificate Registrar or the Trust Agent that such Trust Certificate has been acquired by a bona fide purchaserpurchaser and the requirements of Section 8-406 of the UCC are met and subject to Section 8-405 of the UCC, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or Trust Agent, as its Authenticating Agent authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee or, on its behalf, the Trust Agent, 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Onyx Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent (_______________________, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Morgan Stanley Abs Capital Ii Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its the Owner Trustee’s Authenticating Agent Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.. (2010-B Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2010-B)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If ------------------------------------------------------- (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Bankers 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 Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust 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 Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Franklin Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate (provided, that Trustee shall not be required to verify the evidence provided to it), and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide "protected purchaser" as defined in 8- 303(a) of the UCC, and provided that the Owner requirements of Section 8-405 of the UCC are met, Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new replacement Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new replacement Trust Certificate under this Section, Trustee and the Owner Trustee 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 therewith. Any duplicate replacement Trust Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Trust Certificate shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the mutilated, lost, stolen or destroyed Trust Certificate shall be found at any time, and shall be entitled to all the benefits of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Provident Lease Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its the Owner Trustee's Authenticating Agent Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Hyundai Abs Funding Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent JPMorgan Chase Bank, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (BMW Vehicle Owner Trust 2002-A)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice delivered to a Responsible Officer of the Owner Trustee in writing that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent The Chase Manhattan Bank, 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Master Trust Agreement (A I Receivables Transfer Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent ( ), ------------- 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Indymac Abs Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If If: (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate (provided, that Trustee shall not be required to verify the evidence provided to it), and (iib) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, and provided that the Owner requirements of Section 8-405 of the UCC are met, Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new replacement Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new replacement Trust Certificate under this Section, Trustee and the Owner Trustee 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 therewith. Any duplicate replacement Trust Certificate issued pursuant to this Section in replacement of any mutilated, destroyed, lost or stolen Trust Certificate shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the mutilated, lost, stolen or destroyed Trust Certificate shall be found at any time, and shall be entitled to all the benefits of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Provident Lease Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its the Owner Trustee’s Authenticating Agent Agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.. (2011-B Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2011-B)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and Registrar, the Owner Trustee 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent Deutsche Bank Trust Company Americas, 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 Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust 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 Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Franklin Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is shall be delivered to the Certificate Registrar and the Owner Trustee or the Authenticating Agent such security or indemnity as may be required by them to save each of them harmless, then, then in the absence of notice to actual knowledge by a Responsible Officer of the Owner Trustee or the Authenticating Agent that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee Trustee, or the Authenticating Agent at the direction of the Owner Trustee, in the name and on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate execute, authenticate, issue and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like Class, tenor and of a like original certificate balanceOwnership Percentage. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee may Trustee, or the Authenticating Agent at the direction of the Owner Trustee, or the Certificate Registrar may, but shall not be obligated to, require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Trust Certificate issued pursuant to this Section shall be duly authorized, validly issued and entitled to the benefits of this Agreement, and shall constitute conclusive evidence of a beneficial ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Money Store Commercial Mortgage Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate RegistrarOwner Trustee, or the Certificate Registrar Owner Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is delivered to 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, in the absence of notice to actual knowledge of a Responsible Officer responsible officer in the Corporate Trust Administration Division of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate of like tenor bearing the same issue number, with notations, if any, as the Owner Trustee shall determine upon surrender and cancellation of, and in an authorized denomination exchange and substitution for, such mutilated Trust Certificate or in lieu of a like original certificate balanceand in substitution for the Trust Certificate so lost, stolen or destroyed, and aggregate Ownership Percentage. In connection with the issuance of any new Trust Certificate under this SectionSection 3.04, the Owner Trustee may require the payment by the Owner 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 Owner Trustee) connected therewith. Any duplicate Trust Certificate issued pursuant to this Section 3.04 shall constitute conclusive complete and indefeasible evidence of ownership of a beneficial interest in the Trust, to the extent of the Ownership Percentage represented by the Trust Certificate, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Asset Investors Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is shall be delivered to the Certificate Registrar and the Owner Eligible Lender 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 a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Eligible Lender Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee Eligible Lender Trustee, or its Authenticating Agent First Chicago Trust Company of New York, as the Eligible Lender Trustee's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, the Owner Eligible Lender Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Signet Student Loan Trusts)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (i) any mutilated Trust Certificate is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (ii) there is 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 to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancefractional undivided interest. In connection with the issuance of any new Trust Certificate under this SectionSection 3.05, the Owner Trustee 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 therewithrelation thereto. Any duplicate Trust Certificate issued pursuant to this Section 3.05 shall constitute conclusive complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (American Capital Strategies LTD)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [_______________], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust Certificate under this Section, 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent the Owner Trustee's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Hyundai Abs Funding Corp)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate Certificate, and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Trust Certificate, a new Trust Certificate in an authorized denomination and of a like original certificate balancePercentage Interest. In connection with the issuance of any new Trust Certificate under this Section, the Owner Trustee 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Mru Abs Ii LLC)

Mutilated, Destroyed, Lost or Stolen Trust Certificates. If (ia) any mutilated Trust Certificate is shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Trust Certificate and (iib) there is 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, then in the absence of notice to a Responsible Officer of the Owner Trustee that such Trust Certificate has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Issuer Trust shall execute and the Owner Trustee or its Authenticating Agent [__________], 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 Trust Certificate, a new Trust Certificate in an authorized denomination of like tenor and of a like original certificate balancedenomination. In connection with the issuance of any new Trust 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 Trust Certificate issued pursuant to this Section shall constitute conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Trust Certificate shall be found at any time.

Appears in 1 contract

Samples: Trust Agreement (Equity One Abs Inc)

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