Common use of Subrogation and Cooperation Clause in Contracts

Subrogation and Cooperation. (a) The Issuing Entity and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the Notes, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing Entity, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 10 contracts

Samples: Indenture (Opteum Mortgage Acceptance CORP), Material Definitive Agreement (Impac Secured Assets Corp), Material Definitive Agreement (Opteum Mortgage Acceptance CORP)

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Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesNotes or the Certificates, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing EntityIssuer, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 8 contracts

Samples: Indenture (Morgan Stanley Abs Capital I Inc), Indenture (Equity One Abs Inc), Indenture (Cwabs Inc)

Subrogation and Cooperation. (a) The Issuing Entity a)The Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the NotesMortgage Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal of and interest from on the Issuing EntityMortgage Loans, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, including upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take any one or more of the following actions:

Appears in 8 contracts

Samples: Residential Asset Mortgage Products Inc, Residential Asset Mort Prod Inc Gmacm Home Eq Ln Tr 2004 He1, Residential Asset Mortgage Products Inc

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesHome Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal and interest from the Issuing EntityHome Loans, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 8 contracts

Samples: Home Loan Trust 2007-Hi1, Home Loan Trust 2006-Hi5, Home Loan Trust 2006-Hi2

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the NotesMortgage Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal of and interest from on the Issuing EntityMortgage Loans, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, including upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take any one or more of the following actions:

Appears in 7 contracts

Samples: Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1, Residential Asset Mortgage Products Inc, Residential Asset Mortgage Products Inc

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesHome Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal and interest from the Issuing EntityHome Loans, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 6 contracts

Samples: Indenture (Residential Funding Mortgage Securities Ii Inc), Original Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Rfmsii 2005-Hi1

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the NotesHome Equity Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal and interest from the Issuing Entity, Home Equity Loans and any other Collateral and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 3 contracts

Samples: Indenture (Home Equity Loan Trust 2006-Hsa4), Indenture (Home Equity Loan Trust 2006-Hsa3), Indenture (Home Equity Loan Trust 2006-Hsa5)

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the --------------------------- Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesNotes or the Certificates, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing EntityIssuer, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 3 contracts

Samples: Master Servicing Agreement (Indymac Abs Inc), Administration Agreement (Merrill Lynch Mortgage Investors Inc), Master Servicing Agreement (Provident Bank)

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer Bond Insurer makes payments under the Credit Enhancement Instrument either Bond Insurance Policy on account of principal of or interest on the NotesBonds, the Credit Enhancer Bond Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing EntityIssuer, and (ii) the Credit Enhancer Bond Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer Bond Insurer for action to preserve or enforce the Credit EnhancerBond Insurer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders Bondholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 2 contracts

Samples: Custodial Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1), Indenture (Imh Assets Corp Impac CMB Trust Series 1999-1)

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer Bond Insurer makes payments under the Credit Enhancement Instrument Bond Insurance Policy on account of principal of or interest on the NotesBonds, the Credit Enhancer Bond Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing EntityIssuer, and (ii) the Credit Enhancer Bond Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer Bond Insurer for action to preserve or enforce the Credit EnhancerBond Insurer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders Bondholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2), Indenture (Imh Assets Corp)

Subrogation and Cooperation. (a) The Issuing Entity and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the Notes, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing Entity, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's ’s rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 2 contracts

Samples: Indenture (Impac Secured Assets Corp), Shellpoint Mortgage Acceptance LLC

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer Bond Insurer makes payments under the Credit Enhancement Instrument Bond Insurance Policy on account of principal of or interest on the NotesClass A Bonds, the Credit Enhancer Bond Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing EntityIssuer, and (ii) the Credit Enhancer Bond Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer Bond Insurer for action to preserve or enforce the Credit EnhancerBond Insurer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders Bondholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1)

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge and each Group I Noteholder by the acceptance of its Note agrees that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the Group I Notes, the Credit Enhancer will be fully subrogated to the rights of such Holders the Group I Noteholders to receive such principal and interest from the Issuing Entityinterest, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's ’s rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Group I Noteholders as otherwise set forth in the Indenture, including, without limitation, including upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take or cause to be taken any one or more of the following actions:actions (subject to Article VI hereof):

Appears in 2 contracts

Samples: Bear Stearns Asset Backed Securities Inc, Irwin Home Equity Loan Trust 2004-1

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Subrogation and Cooperation. (ai) The Issuing Entity and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesBonds, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing Entity, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's ’s rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders Bondholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the NotesMortgage Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal of and interest from on the Issuing EntityMortgage Loans, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, including upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take any one or more of the following actions:

Appears in 1 contract

Samples: Residential Asset Mortgage Products Inc

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge and each Senior Noteholder by the acceptance of its Note agrees that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the Senior Notes, the Credit Enhancer will be fully subrogated to the rights of such Holders the Senior Noteholders to receive such principal and interest from the Issuing Entityinterest, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's ’s rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Senior Noteholders as otherwise set forth in the Indenture, including, without limitation, including upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take or cause to be taken any one or more of the following actions:actions (subject to Article VI hereof):

Appears in 1 contract

Samples: Bear Stearns Asset Backed Securities Inc

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesInstrument, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal and interest from the Issuing EntityOwner Trust Estate, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take any one or more of the following actions:

Appears in 1 contract

Samples: Morgan Stanley Abs Capital I Inc

Subrogation and Cooperation. (a) The Issuing Entity and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesBonds, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing Entity, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders Bondholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 1 contract

Samples: Imh Assets Corp

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge and each Group I Noteholder by the acceptance of its Note agrees that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument Policy on account of principal of or interest on the Group I Notes, the Credit Enhancer will be fully subrogated to the rights of such Holders the Group I Noteholders to receive such principal and interest from the Issuing Entityinterest, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Group I Noteholders as otherwise set forth in the Indenture, including, without limitation, including upon the occurrence and continuance of a default under the Insurance Agreement, a request (which request shall be in writing) to take or cause to be taken any one or more of the following actions:actions (subject to Article VI hereof):

Appears in 1 contract

Samples: Indenture (Bear Stearns Asset Backed Securities Inc)

Subrogation and Cooperation. (a) The Issuing Entity and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesNotes or the Certificates, the Credit Enhancer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Issuing Entity, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 1 contract

Samples: Chase Funding Inc

Subrogation and Cooperation. (a) The Issuing Entity Issuer and the Indenture Trustee acknowledge that (i) to the extent the Credit Enhancer makes payments under the Credit Enhancement Instrument on account of principal of or interest on the NotesHome Loans, the Credit Enhancer will be fully subrogated to the rights of such Holders the Noteholders to receive such principal and interest from the Issuing EntityHome Loans, and (ii) the Credit Enhancer shall be paid such principal and interest but only from the sources and in the manner provided herein and in the Insurance Agreement for the payment of such principal and interest. The Indenture Trustee shall cooperate in all respects with any reasonable request by the Credit Enhancer for action to preserve or enforce the Credit Enhancer's rights or interest under this Indenture or the Insurance Agreement Agreement, consistent with this Indenture and without limiting the rights of the Noteholders as otherwise set forth in the Indenture, including, without limitation, upon the occurrence and continuance of a default under the Insurance Agreement, a request to take any one or more of the following actions:

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

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