Resignation and Removal of Trustee and Securities Administrator Sample Clauses
Resignation and Removal of Trustee and Securities Administrator. The Trustee and the Securities Administrator may at any time resign (including, in the case of the Securities Administrator, in connection with the resignation or termination of the Master Servicer) and be discharged from the Trust hereby created by giving written notice thereof to the Depositor, the Seller, the Securities Administrator (or the Trustee, if the Securities Administrator resigns) and the Master Servicer, with a copy to the Rating Agencies. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee or successor securities administrator, as applicable, by written instrument, in triplicate, one copy of which instrument shall be delivered to each of the resigning trustee or securities administrator, as applicable, and the successor trustee or securities administrator, as applicable. If no successor trustee or successor securities administrator shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee or Securities Administrator may petition any court of competent jurisdiction for the appointment of a successor trustee or securities administrator. If at any time (i) the Trustee or the Securities Administrator shall cease to be eligible in accordance with the provisions of Section 10.06 hereof and shall fail to resign after written request thereto by the Depositor, (ii) the Trustee or the Securities Administrator shall become incapable of acting, or shall be adjudged as bankrupt or insolvent, or a receiver of the Trustee or the Securities Administrator or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or the Securities Administrator or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, or (iii)(A) a tax is imposed with respect to the Trust Fund by any state in which the Trustee or the Securities Administrator or the Trust Fund is located, (B) the imposition of such tax would be avoided by the appointment of a different trustee or securities administrator and (C) the Trustee or the Securities Administrator, as applicable fails to indemnify the Trust Fund against such tax, then the Depositor or the Master Servicer may remove the Trustee or the Securities Administrator, as applicable, and appoint a successor trustee or successor securities administrator, as applicable, by written instrument, in multiple copies, a copy of which instru...
Resignation and Removal of Trustee and Securities Administrator. Successor Trustee or Securities Administrator.
Resignation and Removal of Trustee and Securities Administrator. 115 Section 9.09 SUCCESSOR TRUSTEE OR SECURITIES ADMINISTRATOR.........................116 Section 9.10 MERGER OR CONSOLIDATION OF TRUSTEE OR SECURITIES ADMINISTRATOR....
Resignation and Removal of Trustee and Securities Administrator. The Trustee and the Securities Administrator may at any time resign and be discharged from the trust hereby created by giving written notice thereof to the Depositor, to the Master Servicer, to the Securities Administrator (or the Trustee, if the Securities Administrator resigns) and to the Certificateholders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee or successor securities administrator by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee or Securities Administrator, as applicable, and to the successor trustee or successor securities administrator, as applicable. A copy of such instrument shall be delivered to the Certificateholders, the Trustee, the Securities Administrator and the Master Servicer by the Depositor. If no successor trustee or successor securities administrator shall have been so appointed and have accepted appointment within thirty (30) days after the giving of such notice of resignation, the resigning Trustee or Securities Administrator, as the case may be, may, at the expense of the Trust Fund, petition any court of competent jurisdiction for the appointment of a successor trustee, successor securities administrator, Trustee or Securities Administrator, as applicable.
Resignation and Removal of Trustee and Securities Administrator. 115- Section 9.09 SUCCESSOR TRUSTEE OR SECURITIES ADMINISTRATOR.........................-116- Section 9.10 MERGER OR CONSOLIDATION OF TRUSTEE OR SECURITIES ADMINISTRATOR........-117- Section 9.11 APPOINTMENT OF CO-TRUSTEE OR SEPARATE TRUSTEE.........................-117- Section 9.12 TAX MATTERS...........................................................-118- ARTICLE X TERMINATION Section 10.01 TERMINATION UPON LIQUIDATION OR REPURCHASE OF ALL MORTGAGE LOANS .....................................................................-122- Section 10.02 FINAL DISTRIBUTION ON THE CERTIFICATES................................-122- Section 10.03 ADDITIONAL TERMINATION REQUIREMENTS...................................-124- ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 AMENDMENT.............................................................-125- Section 11.02 RECORDATION OF AGREEMENT; COUNTERPARTS................................-126- Section 11.03 GOVERNING LAW.........................................................-126- Section 11.04 INTENTION OF PARTIES..................................................-127- Section 11.05 NOTICES...............................................................-127- Section 11.06 SEVERABILITY OF PROVISIONS............................................-128- Section 11.07 ASSIGNMENT............................................................-128- Section 11.08 LIMITATION ON RIGHTS OF CERTIFICATEHOLDERS............................-128- Section 11.09 INSPECTION AND AUDIT RIGHTS...........................................-129- Section 11.10 CERTIFICATES NONASSESSABLE AND FULLY PAID.............................-130- EXHIBITS Exhibit A-1 Form of Class [A-_] Certificates Exhibit A-2 Form of Class [M-__][B][B-IO] Certificates Exhibit A-3 Form of Class P Certificates Exhibit A-4 Form of Class R Certificates Exhibit B Mortgage Loan Schedule Exhibit C-1 Form of Initial Certification of Trustee Exhibit C-2 Form of Interim Certification of Trustee Exhibit C-3 Form of Final Certification of Trustee Exhibit D Form of Transfer Affidavit Exhibit E Form of Transferor Certificate Exhibit F Form of Investment Letter (Non-Rule 144A) Exhibit G Form of Rule 144A Investment Letter Exhibit H Form of Request for Release Exhibit I DTC Letter of Representations Exhibit J Schedule of Mortgage Loans with Lost Notes POOLING AND SERVICING AGREEMENT, dated as of August 1, 2001, among BEAR STEARNS ASSET BACKE▇ ▇▇▇▇▇ITIES, INC., a Delaware corporation, as depositor (the "Depos...