Common use of Suits for Enforcement Clause in Contracts

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 45 contracts

Samples: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Wf2), Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L2)

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Suits for Enforcement. In case a Servicer an Event of Termination Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholdersbut subject to Section 9.01 and Section 7.01, or mayas applicable, may proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, Trustee shall, at the direction of the Majority Certificateholders, or otherwise may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh2), Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Back Certs Ser 2003 Ffh2), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff11 Asset-Backed Certificates, Series 2004-Ff11)

Suits for Enforcement. In case a Master Servicer Event of Termination or other default by the Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L3), Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L1), Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L2)

Suits for Enforcement. In case If an Event of Default or a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder Default shall occur and be continuing, the Trustee, shallin its discretion, at may, subject to the direction provisions of the Majority Certificateholders, or mayArticle XI and Section 12.1, proceed to protect and enforce its rights and the rights of the Certificateholders Noteholders under this Agreement Indenture by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement Indenture or in aid of the execution of any power granted in this Agreement Indenture or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the CertificateholdersNoteholders.

Appears in 5 contracts

Samples: Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the a Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B), Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer Master Servicer, the Transferor, the Depositor or the Depositor Sponsor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Indymac Abs Inc), Pooling and Servicing Agreement (Indymac Abs Inc)

Suits for Enforcement. In case a Servicer an Event of Servicing --------------------- Termination or other default by the Servicer Master Servicer, the Transferor, the Depositor or the Depositor Sponsor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Cwabs Inc)

Suits for Enforcement. In case a Servicer Event of Termination Default, Master Servicer Event of Default or other default by the Servicer, the Master Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, Trustee may proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee Trustee, the Securities Administrator and the Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-4), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer Servicer, the Transferor, the Depositor or the Depositor Transferor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 2 contracts

Samples: Greenpoint Mortgage Securities (Greenpoint Mortgage Securities Inc/), Pooling and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority 126 Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp First Franklin Mort Ln Tr 03 Ff1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-Ff2)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer Master Servicer, the Transferor, the Depositor or the Depositor Seller hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Cwabs Inc)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the 121 Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Ser 2002-2)

Suits for Enforcement. In case a Servicer an Event of Servicing --------------------- Termination or other default by the Servicer Servicer, the Seller, the Depositor or the Depositor Transferor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)

Suits for Enforcement. In case a Servicer If an Event of Servicing Termination or other default by the Servicer Servicer, the Transferor, the Depositor or the Depositor Seller hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the CertificateholdersInvestor Certificateholder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc One Abs Corp)

Suits for Enforcement. In case a Servicer an Event of Termination Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shallits discretion, at with the direction prior written consent of the Majority Certificateholders126 Certificate Insurer, or may, may proceed to protect and enforce its rights and the rights of the Certificateholders Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee Trustee, the Certificate Insurer and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or 150 otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh4)

Suits for Enforcement. In case a Master Servicer Event of Termination or other default by the a Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Back Certs Ser 2003-2)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, Trustee shall, at the written direction of the Majority Certificateholders, or otherwise may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Loan Trust 2004-1)

Suits for Enforcement. In case a Servicer an Event of Termination Default or other default by the Servicer Servicer, the Mortgage Loan Seller or the Depositor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Certificateholders Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National City Mortgage Capital Trust 2008-1)

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Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority 133 Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFC)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer Master Servicer, the Transferor or the Depositor hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer Servicer, the Transferor, the Depositor or the Depositor Seller hereunder shall occur and an be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the CertificateholdersCertificateholder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc One Abs Corp)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer or the Depositor hereunder Swap Provider Default under this Agreement shall occur and be continuing, the Trustee, shallin its discretion may, at subject to the direction provisions of the Majority Certificateholders, or maySection 10.5, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Suits for Enforcement. In case If a Servicer Event of Termination Default or other material default by the Master Servicer or the Depositor hereunder shall occur under this Agreement occurs and be is continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, Certificateholders the Trustee shall proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action action, or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable equitable, or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee Trustee, and the Certificateholders.. ARTICLE NINE

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Indymac Abs Inc Home Eq Mort Ln Asst Back Tr Ser SPMD 2003-A)

Suits for Enforcement. In case a Servicer an Event of Termination Default or --------------------- other default by the Master Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Certificateholders or the Certificate Insurer under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee Trustee, the Certificateholders and the CertificateholdersCertificate Insurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Bank)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or 152 otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-1)

Suits for Enforcement. In case a Servicer If an Event of Termination Default or other default by the a ---------------------- Servicer or the Depositor hereunder Default shall occur and be continuing, the Trustee, shallin its discretion, at may, subject to the direction provisions of the Majority Certificateholders, or mayArticle XII and Section 13.1, proceed to protect and enforce its rights and the rights of the Certificateholders Noteholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the CertificateholdersNoteholders.

Appears in 1 contract

Samples: Pledge and Servicing Agreement (Fairfield Communities Inc)

Suits for Enforcement. In case a Servicer an Event of Servicing Termination or other default by the Servicer Servicer, the Transferor, the Depositor or the Depositor Seller hereunder shall occur and an be continuing, the Trustee, shallin its discretion, at the direction of the Majority Certificateholders, or may, may proceed to protect and enforce its rights and the rights of the Investor Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.Certificateholder. 70 75

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc One Abs Corp)

Suits for Enforcement. In case a Servicer Event of Termination or other default by the a Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, Trustee shall, at the written direction of the Majority Certificateholders, or otherwise may, proceed to protect and enforce its rights and the rights of the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Ctx1)

Suits for Enforcement. In case a Servicer Event of Termination by any Servicer under the related Servicing Contract or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, shall, at the direction of the Majority Certificateholders, or may, Trustee may proceed to protect and enforce its rights and the rights of the Certificateholders under such Servicing Contract or under this Agreement Agreement, as the case may be, by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Suits for Enforcement. In case (a) If a Servicer Default or Event of Termination or other default by the Servicer or the Depositor hereunder Default shall occur and be continuing, the Trustee, shallin its discretion may, at subject to the direction provisions of the Majority Certificateholders, or maySections 11.01 and 11.19, proceed to protect and enforce its rights and the rights of the Certificateholders Noteholders under this Agreement Indenture by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement Indenture or in aid of the execution of any power granted in this Agreement Indenture or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the CertificateholdersNoteholders.

Appears in 1 contract

Samples: Indenture and Security Agreement (Ag Services of America Inc)

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