Common use of Trust Indenture Act Requirements Clause in Contracts

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the release, in whole or in part, of the lien on all Collateral, will not be deemed to impair the Security Interest in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to acknowledge 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 remaining Security Interest in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer will cause Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer of the Issuer, except in cases in which Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 12 contracts

Samples: Indenture, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

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Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Derivative Counterparty acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer and each other obligor on the Notes will cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 4 contracts

Samples: Indenture (Daimlerchrysler Master Owner Trust), Indenture (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Derivative Counterparty acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer and each other obligor on the Notes will cause Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 3 contracts

Samples: WF Card Issuance Trust, Indenture (BA Master Credit Card Trust II), BA Master Credit Card Trust II

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Enhancement Provider acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer and each other obligor on the Notes will cause Section 314(d) of the Trust Indenture Act Section 3.14(d) relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Section 314(d) of the Trust Indenture Act Section 3.14(d) may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Section 314(d) of the Trust Indenture Act Section 3.14(d) requires that such certificate or opinion be made by an independent person.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust), Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to acknowledge 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 remaining Security Interest in contravention of the terms of this Indenture. To After qualification in accordance with the Trust Indenture Act has become effective as to this Indenture, to the extent applicable, without limitation, the Issuer and each other obligor on the Notes will cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (National City Bank /), National City Credit Card Master Trust

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will shall not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Derivative Counterparty acknowledge that a release of Collateral or liens strictly in accordance with the terms hereof will shall not be deemed for any purpose to be an impairment of the remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer will and each other obligor on the Notes shall cause Section 314(d) of the Trust Indenture Act Section 3.14(d) relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Section 314(d) of the Trust Indenture Act Section 3.14(d) may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Section 314(d) of the Trust Indenture Act Section 3.14(d) requires that such certificate or opinion be made by an independent person.

Appears in 2 contracts

Samples: Master Note Trust (Mellon Premium Finance Loan Owner Trust), Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust)

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will shall not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Enhancement Provider acknowledge that a release of Collateral or liens strictly in accordance with the terms hereof will shall not be deemed for any purpose to be an impairment of the remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer will and each other obligor on the Notes shall cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 1 contract

Samples: CNH Wholesale Receivables Inc

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Enhancement Provider acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer Issuing Entity and each other obligor on the Notes will cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 1 contract

Samples: Navistar Financial Dealer (Navistar International Corp)

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Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will shall not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Enhancement Provider acknowledge that a release of Collateral or liens strictly in accordance with the terms hereof will shall not be deemed for any purpose to be an impairment of the remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer will and each other obligor on the Notes shall cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust 89 MASTER INDENTURE Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 1 contract

Samples: CNH Wholesale Receivables Inc

Trust Indenture Act Requirements. The release of any Collateral -------------------------------- Collateral, from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to Secured Parties acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer and each other obligor on the Notes will cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mbna Credit Card Master Note Trust)

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the release, in whole or in part, of the lien liens on all Collateral, will not be deemed to impair the Security Interest in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee Trustee, in its individual capacity, and each of the Noteholders are hereby deemed to acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer Issuing Entity will cause Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Section 314(d) of the Trust Indenture Act may be made by an Issuing Entity Authorized Officer of the IssuerOfficer, except in cases in which Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 1 contract

Samples: Wachovia Card Receivables LLC

Trust Indenture Act Requirements. The release of any Collateral from the lien created by this Indenture or the releaserelease of, in whole or in part, of the lien on all Collateralsuch liens, will not be deemed to impair the Security Interest Interests in contravention of the provisions hereof if and to the extent the Collateral or liens are released pursuant to the terms hereof. The Indenture Trustee and each of the Noteholders are hereby deemed to and any applicable Derivative Counterparty acknowledge 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 remaining Security Interest Interests in contravention of the terms of this Indenture. To the extent applicable, without limitation, the Issuer and each other obligor on the Notes will cause Trust Indenture Act Section 314(d) of the Trust Indenture Act relating to the release of property or securities from the liens hereof to be complied with. Any certificate or opinion required by Trust Indenture Act Section 314(d) of the Trust Indenture Act may be made by an Authorized Officer officer of the Issuerappropriate obligor, except in cases in which Trust Indenture Act Section 314(d) of the Trust Indenture Act requires that such certificate or opinion be made by an independent person.

Appears in 1 contract

Samples: Indenture (BA Credit Card Trust)

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