Common use of Termination of Trust Agreement Clause in Contracts

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders of all amounts required to be paid to them pursuant to the terms of the Indenture, the Sale and Servicing Agreement and this Trust Agreement and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the Trust. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust, entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 50 contracts

Samples: Trust Agreement (CarMax Auto Owner Trust 2024-2), Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)

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Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders of all amounts required to be paid to them pursuant to the terms of the Indenture, the Sale and Servicing Agreement and this Trust Agreement Article V and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the Trust. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust, entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 32 contracts

Samples: Trust Agreement (CarMax Auto Owner Trust 2004-2), Trust Agreement (CarMax Auto Owner Trust 2012-1), Trust Agreement (CarMax Auto Owner Trust 2006-2)

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders of all amounts required to be paid to them pursuant to the terms of the Indenture, the Sale and Servicing Agreement and this Trust Agreement Article V hereof and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the Trust. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust, entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 18 contracts

Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)

Termination of Trust Agreement. (a) This The Trust Agreement (other than the provisions of Article VIII) shall terminate dissolve, liquidate and be wound up in accordance with Section 3808 of no further force or effect and the Statutory Trust shall dissolve Statute upon the earlier of (i) the payment to final distribution by the Servicer, the Noteholders and the Certificateholders Trustee or any other party acting as paying agent of all amounts required to be paid to them pursuant to moneys or other property or proceeds of the Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement and this Article V, upon which the Trustee or any other party acting as paying agent shall notify the Owner Trustee and the Trust Agreement Depositor in writing and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation written consent of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the TrustCertificateholders. The bankruptcy, liquidation, termination, dissolution, death or incapacity of any Certificateholder shall not (x) operate to dissolve or terminate this Trust Agreement or the Trust, Trust or (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 7 contracts

Samples: Trust Agreement (Hercules Technology Growth Capital Inc), Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Capital, Inc.)

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) and the Trust shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier of (i) upon the payment to the Servicer, the Noteholders and the Certificateholders of all amounts required to be paid to them pursuant to the terms of the Indenture, the Sale and Servicing Agreement and this Trust Agreement and Article V or (ii) the Distribution Payment Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the Trust. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Trust Agreement or the Trust, nor (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or nor (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 4 contracts

Samples: Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Daimler Benz Vehicle Receivables Corp), Trust Agreement (Daimler Benz Vehicle Receivables Corp)

Termination of Trust Agreement. (a) This Trust Agreement (other than Section 6.9) and the provisions of Article VIII) Trust shall terminate and be of no further force or effect and on the Trust shall dissolve upon final distribution by the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders Owner Trustee of all amounts required to be paid to them pursuant to monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale Pooling and Servicing Agreement and this Trust Agreement and (ii) including the Distribution Date next succeeding exercise by the month which is one year after Servicer of its option to purchase the maturity or other liquidation Receivables pursuant to Section 9.01 of the last Receivable Pooling and Servicing Agreement) and Article V; provided, however, that in no event shall the disposition Trust created by this Agreement continue beyond the expiration of any amounts received upon liquidation of any property remaining in 21 years from the Trustdate hereof. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Trust Agreement or the Trust, nor (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or nor (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 3 contracts

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders of all amounts required to be paid to them pursuant to the terms of the Indenture, the Sale and Servicing Agreement and this Trust Agreement Article V and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the Trust. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust, entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 3 contracts

Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (Carmax Auto Funding LLC)

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier of (i) the payment to the Servicer, the Noteholders Noteholders[, the Swap Counterparty] and the Certificateholders of all amounts required to be paid to them pursuant to the terms of the Indenture, the Sale and Servicing Agreement Agreement[, the Swap Agreement] and this Trust Agreement and Article V and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the Trust. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust, entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 2 contracts

Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)

Termination of Trust Agreement. (a) This Trust Agreement (other than Article VII) and the provisions of Article VIII) Trust shall terminate and be of no further force or effect and the Trust shall dissolve upon the earlier earliest of (i) the payment to the Servicer, the Noteholders and the Certificateholders final distribution of all amounts required to be paid to them pursuant to moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement Indenture and this Trust Agreement and Agreement, (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation distribution of all of the last Receivable and assets of the disposition Owner Trust Estate, in accordance with written instructions provided to the Owner Trustee by the Majority Certificateholder, following the optional redemption of any amounts received upon liquidation the Bonds by the Issuer pursuant to Section 8.07 of any property remaining in the TrustIndenture. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Trust Agreement or the Trust, Trust or (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 2 contracts

Samples: Trust Agreement (Impac CMB Trust Collaterlized Ab Bond Series 2003-3), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-5)

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Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the The Trust shall dissolve upon the earlier of (i) at the payment option of the Transferor (written notice of which shall be provided to the ServicerOwner Trustee), on any day on or after the Noteholders and day on which the Certificateholders rights of all amounts required Series of Notes to be paid to them pursuant to receive payments from the terms of Trust have terminated (the Indenture, the Sale and Servicing Agreement and this Trust Agreement Termination Date”) and (ii) dissolution of the Distribution Date next succeeding Trust in accordance with applicable law. After satisfaction of liabilities of the month which is one year after the maturity Trust as provided by applicable law, any money or other liquidation property held as part of the last Receivable and Trust Assets following such distribution shall be distributed to the disposition of any amounts received upon liquidation of any property remaining in the TrustTransferor. The bankruptcy, liquidation, dissolution, termination, death or incapacity of any Certificateholder the Owner shall not (x) operate to terminate this Trust Agreement or annul, dissolve or terminate the Trust, (y) entitle such Certificateholderthe Owner’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate Assets, or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 2 contracts

Samples: Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Atlanticus Holdings Corp)

Termination of Trust Agreement. (a) This Trust Agreement (other than Section 6.9) and the provisions of Article VIII) Trust shall terminate and be of no further force or effect and on the Trust shall dissolve upon final distribution by the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders Owner Trustee of all amounts required to be paid to them pursuant to monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale Pooling and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Loans pursuant to Section 10.01 of the Pooling and this Trust Agreement Servicing Agreement) and Article V, subject to Sections 3808(d) and (iie) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining in the TrustAct. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Registered Owner or the Owner Trustee shall not (x) operate to terminate this Trust Agreement or the Trust, nor (y) entitle such CertificateholderRegistered Owner’s or Owner Trustee’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or nor (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Alliance Laundry Systems LLC)

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) and the Trust shall terminate and be of no further force or effect and upon the completion of winding up the Trust after its dissolution, which dissolution shall dissolve upon the earlier of (i) the payment occur immediately prior to the Servicer, final distribution by the Noteholders and the Certificateholders Owner Trustee or Paying Agent of all amounts required to be paid to them pursuant to monies or other property or proceeds of the Trust Estate in accordance with the terms of the Indenture, the Sale Exchange Note Transfer Agreement, [the Interest Rate Swap Agreements] and Servicing Agreement Article V, and this Trust Agreement and (ii) the Distribution Date next succeeding Administrator shall wind up the month which is one year after the maturity or other liquidation affairs of the last Receivable and the disposition of any amounts received upon liquidation of any property remaining Trust in the Trustmanner contemplated by Section 3808 of the Statutory Trust Act. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Trust Agreement or the Trust, Trust or (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (World Omni LT)

Termination of Trust Agreement. (a) This Trust Agreement (other than SECTION 6.9) and the provisions of Article VIII) Trust shall terminate in accordance with Section 3808 of the Business Trust Statute and be of no further force or effect and on the Trust shall dissolve upon final distribution by the earlier of (i) the payment to the Servicer, the Noteholders and the Certificateholders Owner Trustee of all amounts required to be paid to them pursuant to monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Trust Sale and Servicing Agreement and this Trust Agreement and (iiincluding the exercise by the Servicer of its option to purchase the Receivables pursuant to SECTION 8.01(A) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation of the last Receivable Trust Sale and Servicing Agreement), the disposition of any amounts received upon liquidation of any property remaining in the Trust. Interest Rate Swap and ARTICLE V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Trust Agreement or the Trust, (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Capital Auto Receivables Inc)

Termination of Trust Agreement. (a) This Trust Agreement (other than the provisions of Article VIII) shall terminate and be of no further force or effect and the The Trust shall dissolve upon immediately prior to the earlier earliest of (i) the payment to the Servicer, the Noteholders and the Certificateholders final distribution of all amounts required to be paid to them pursuant to moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement and this Trust Agreement Indenture and (ii) the Distribution Date next succeeding the month which is one year after the maturity or other liquidation distribution of all of the last Receivable assets of the Owner Trust Estate, in accordance with written instructions provided to the Certificate Paying Agent by the Certificateholder; provided in each case that all amounts owing to the Noteholders to the extent payable from the Owner Trust Estate or proceeds thereof have been paid in full and that all obligations under the disposition of any amounts received upon liquidation of any property remaining in the TrustIndenture have been discharged. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Trust Agreement or the Trust, Trust or (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Impac Mortgage Holdings Inc)

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