TIA Requirements Clause Samples
TIA Requirements. (a) The release of any Collateral from the terms hereof, the Collateral Agency Agreement and of the Security Documents or the release of, in whole or in part, the Liens created by any of the Security Documents, will not be deemed to impair the Liens of the Security Documents in contravention of the provisions hereof if and to the extent the Collateral or Liens are released pursuant to the terms hereof. Each of the Holders acknowledges that a release of Collateral or Liens strictly in accordance with the terms hereof will not be deemed for any purpose to be an impairment of the Liens in contravention of the terms of this Indenture.
(b) To the extent applicable, without limitation, the Company, the Issuer and each obligor on the Notes shall comply with TIA ss. 314(d) relating to the release of property or securities from the Liens of the Security Documents.
TIA Requirements. Suits To Protect the Collateral....
TIA Requirements. 67 SECTION 12.10 Suits To Protect the Collateral.......................................68 SECTION 12.11
TIA Requirements. 42 SECTION 12.4. Release Upon Termination of the Indenture . . . . . . . . . . . . . . . . 42 SECTION 12.5. Collateral Agent's Duties . . . . . . . . 42
TIA Requirements. (a) The Servicer, on behalf of the Issuer, will furnish to the Indenture Trustee reports in compliance with Section 314(b) of the TIA.
(b) The release of any of the Trust Assets from the terms hereof and of the Pooling Agreement or the release of, in whole or in part, the Liens created by the Pooling Agreement will not be deemed to impair the Liens securing the Class A Notes in contravention of the provisions hereof or the Pooling Agreement if and to the extent the Trust Assets or Liens are released pursuant to the terms of the Pooling Agreement and pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders acknowledge that a release of the Trust Assets or Liens strictly in accordance with the terms of the Pooling Agreement and the terms hereof will not be deemed for any purpose to be an impairment of the Liens securing the Class A Notes in contravention of the terms of this Indenture or the Pooling Agreement. To the extent applicable, without limitation, the Servicer, on behalf of the Issuer, shall cause Section 314(d) of the TIA relating to the release of property or securities from the Liens of each hereof and of the Pooling Agreement to be complied with. Any certificate or opinion required by Section 314(d) of the TIA may be made by an officer or employee of the Servicer on behalf of the Issuer who is duly authorized to make such certificate or opinion, except in cases which Section 314(d) of the TIA requires that such certificate or opinion be made by an independent person. The Issuer shall furnish to the Servicer any power of attorney necessary to accomplish the foregoing.
TIA Requirements. This Security Trust Deed shall always have a Security Trustee which shall be eligible to act as Security Trustee under Sections 310(a)(1) and 310(a)(2) of the TIA. The Security Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. If the Security Trustee has or shall acquire any "conflicting interest" within the meaning of TIA Section 310(b), the Security Trustee and the Loan Note Issuer shall comply with the provisions of TIA Section 310(b); PROVIDED, HOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any deed or deeds under which other securities or certificates of interest or participation in other securities of the Loan Note Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)
(1) are met. If at any time the Security Trustee shall cease to be eligible in accordance with the provisions of this Clause 11.1, the Security Trustee shall resign promptly in the manner and with the effect specified in Clauses 11.2 to 11.5 (inclusive).
