SUCCESSOR OWNER TRUSTEES AND ADDITIONAL Sample Clauses

SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES 27 Section 10.1 Eligibility Requirements for Owner Trustee 27 Section 10.2 Resignation or Removal of Owner Trustee 27 Section 10.3 Successor Owner Trustee 28 Section 10.4 Merger or Consolidation of Owner Trustee 28 Section 10.5 Appointment of Co-Trustee or Separate Trustee 29 ARTICLE XI MISCELLANEOUS 30 Section 11.1 Supplements and Amendments 30 Section 11.2 No Legal Title to Owner Trust Estate in Certificateholders 32 Section 11.3 Limitation on Rights of Others 32 Section 11.4 Notices 32 Section 11.5 Severability 32 Section 11.6 Separate Counterparts and Electronic Signature 32 Section 11.7 Successors and Assigns 33 Section 11.8 Covenants of the Depositor 33 Section 11.9 No Petition 33 Section 11.10 No Recourse 33 Section 11.11 Headings 33 Section 11.12 Governing Law; Waiver of Jury Trial 34 Section 11.13 Depositor Payment Obligation 34 Section 11.14 Certificates Nonassessable and Fully Paid 34 Section 11.15 Ratification of Prior Actions 34 Section 11.16 Legal Fees Associated with Indemnification 34 Section 11.17 FinCEN Compliance 34 EXHIBITS EXHIBIT A Form of Certificate EXHIBIT B Form of Certificate of Trust AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 1, 2022 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), between CARMAX AUTO FUNDING LLC, a Delaware limited liability company, as depositor (the “Depositor”), and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association, as owner trustee and not in its individual capacity (in such capacity, the “Owner Trustee”).
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. Owner Trustees Section 9.01
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES 30 SECTION 9.1. Eligibility Requirements for Owner Trustee. 30 SECTION 9.2. Resignation or Removal of Owner Trustee. 31 SECTION 9.3. Successor Owner Trustee. 31 SECTION 9.4. Merger or Consolidation of Owner Trustee. 32 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee. 32 ARTICLE X MISCELLANEOUS 33 SECTION 10.1. Supplements and Amendments. 33 ii TABLE OF CONTENTS (continued) Page SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Holding Trust Certificateholder. 35 SECTION 10.3. Limitations on Rights of Others. 35 SECTION 10.4. Notices. 35 SECTION 10.5. Severability. 36 SECTION 10.6. Separate Counterparts. 36 SECTION 10.7. Assignments. 36 SECTION 10.8. No Recourse. 36 SECTION 10.9. Headings. 36 SECTION 10.10. GOVERNING LAW. 36 SECTION 10.11. WAIVER OF JURY TRIAL. 37 SECTION 10.12. Servicer. 37 SECTION 10.13. Nonpetition Covenants. 37 SECTION 10.14. Third-Party Beneficiaries. 38 SECTION 10.15. Owner Trustee. 38 SECTION 10.16. Regulation AB. 38 ARTICLE XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 39 SECTION 11.1. [Reserved]. 39 SECTION 11.2. Application of Holding Trust Funds. 39 SECTION 11.3. Method of Payment. 40 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST iv This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [_____], 20[__], between EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], a Delaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE], a [_______], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of [_____], 20[__] (the “Initial Trust Agreement”), between [EFCAR, LLC], as depositor (the “Initial Depositor”) and the Owner Trustee.
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. Owner Trustees 30 Section 9.01. Eligibility Requirements for Owner Trustee 30 Section 9.02. Replacement of Owner Trustee 30 Section 9.03. Successor Owner Trustee 31 Section 9.04. Merger or Consolidation of Owner Trustee 31 Section 9.05. Appointment of Co-Trustee or Separate Trustee 31 ARTICLE X Miscellaneous 33 Section 10.01. Amendments 33 Section 10.02. No Legal Title to Trust Estate 34 Section 10.03. Limitations on Rights of Others 35 Section 10.04. Notices 35 Section 10.05. Severability 35 Section 10.06. Separate Counterparts 35 Section 10.07. Successors and Assigns 35 Section 10.08. No Petition 36 Section 10.09. No Recourse 36 Section 10.10. Headings 36 Section 10.11. GOVERNING LAW 36 Section 10.12. Integration 36 Signatures 36 EXHIBITS Exhibit A: Form of Owner Trust Certificate A-1 Exhibit B: Certificate of Trust of Encore Credit Receivables Trust 2005-1 B-1 Exhibit C: Form of Rule 144A Investment Representation C-1 Exhibit D: Form of Certificate of Non-Foreign Status D-1 Exhibit E: Form of Investment Letter E-1 Exhibit F: Form of Transferor Certificate F-1 Exhibit G: Form of ERISA Letter G-1 This Amended and Restated Trust Agreement, dated as of March 18, 2005 (as amended from time to time, this “Trust Agreement”), among CWABS, Inc., a Delaware corporation, as depositor (the “Depositor”), Wilmington Trust Company, a Delaware banking corporation, as owner trustee (the “Owner Trustee”), and The Bank of New York, as certificate registrar (in such capacity, the “Certificate Registrar”) and certificate paying agent (in such capacity, the “Certificate Paying Agent”).
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES --------------
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES 3 SECTION 9.1. Eligibility Requirements for Owner Trustee................. 3 SECTION 9.2. Resignation or Removal of Owner Trustee.................... 3 SECTION 9.3. Successor Owner Trustee.................................... 3 SECTION 9.4. Merger or Consolidation of Owner Trustee................... 3 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee.............. 3
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SUCCESSOR OWNER TRUSTEES AND ADDITIONAL 
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Related to SUCCESSOR OWNER TRUSTEES AND ADDITIONAL

  • Successor Owner Trustee Any successor Owner Trustee appointed pursuant to Section 10.02 shall execute, acknowledge and deliver to the Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement, and the Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 10.01. Upon written acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Administrator shall mail notice thereof to all Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Administrator shall fail to mail such notice within 10 Business Days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Administrator. Any successor Owner Trustee appointed hereunder shall promptly file an amendment to the Certificate of Trust with the Secretary of State of the State of Delaware as required by the Statutory Trust Act.

  • Merger or Consolidation of the Owner Trustee Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding, be the successor of the Owner Trustee hereunder; provided that such Person shall be eligible pursuant to Section 10.1; and provided further that the Owner Trustee shall file an amendment to the Certificate of Trust of the Issuer, if required by applicable law, and mail notice of such merger or consolidation to the Seller and the Administrator.