Wachovia Bank, N. A., a national banking association and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party, and any successor trustee at the time serving as successor trustee hereunder, appointed as herein provided.
Wachovia Bank, N. A. Please acknowledge the execution of the above request by your signature and date below: _________________________________ _________________________________ Signature Date Documents returned to Trustee: _________________________________ _________________________________ Trustee Date
Wachovia Bank, N. A. Legal Department 000 X. Xxxx Xxxxxx Xxxxxxx-Xxxxx, XX 00000 Notices or demands authorized by this Agreement to be given or made by the Company or the Rights Agent to the holder of any Rights Certificate (or, if prior to the Distribution Date, to the holder of certificates representing shares of Common Stock) will be sufficiently given or made if sent by first-class mail, postage prepaid, addressed to such holder at the address of such holder as shown on the registry books of the Company.
Wachovia Bank, N. A. has been requested and is willing to act as Agent on behalf of Blue Ridge and the Liquidity Banks in accordance with the terms hereof.
Wachovia Bank, N. A. is hereby appointed by each of the Lenders as the Syndication Agent hereunder and under each other Loan Document, and each of the Lenders irrevocably authorizes the Syndication Agent to act as the contractual representative of such Lender with the rights and duties expressly set forth herein and in the other Loan Documents. Each Agent agrees to act as such contractual representative upon the express conditions contained in this Article XI. Notwithstanding the use of the defined term "ADMINISTRATIVE AGENT" or "SYNDICATION AGENT", it is expressly understood and agreed that no Agent shall have any fiduciary responsibilities to any Lender by reason of this Agreement or any other Loan Document and that each Agent is merely acting as the contractual representative of the Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In their capacities as the Lenders' contractual representative, the Agents (i) do not hereby assume any fiduciary duties to any of the Lenders, (ii) are "representatives" of the Lenders within the meaning of Section 9-102 of the Uniform Commercial Code and (iii) are acting as independent contractors, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Lenders hereby agrees to assert no claim against any Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender hereby waives.
Wachovia Bank, N. A. has been designated as the Syndication Agent hereunder and The Bank of Nova Scotia has been designated as the documentation agent in recognition of the level of their respective Commitments. Neither Wachovia Bank, N.A. nor The Bank of Nova Scotia is an agent for the Lenders and shall not have any obligation hereunder other than those existing in its capacity as Lender.
Wachovia Bank, N. A. shall automatically become the successor Trustee, without the necessity of executing any documentation other than a written acknowledgement of its acceptance of such successor trusteeship. If Wachovia Bank, N.A. fails or refuses to execute such acknowledgement within five (5) business days following the Change in Control, then the successor trustee shall be appointed by Company, but only with the prior approval of a majority of Participants eligible to receive benefits under the Plan, pursuant to the provisions of Section 11.1.
Wachovia Bank, N. A. The Bank of New York Bank One, NA BBL International (U.K.) Limited Credit Agricole Indosuez Deutsche Bank AG-New York Branch First Union National Bank Fortis (USA) Finance LLC The Industrial Bank of Japan, Limited Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., "Rabobank International", New York Branch SunTrust Bank, Atlanta CoBank, ACB The Dai-Ichi Kangyo Bank, Ltd. The Fuji Bank, Limited Banque Nationale de Paris, Houston Agency Branch Banking & Trust Company CIBC Inc. Credit Commerciale de France S.A. Fleet National Bank Paribas Bank of Tokyo-Mitsubishi Trust Company Union Bank of California, N.A. Banca di Roma-New York Branch Credit Communal de Belgique-New York Branch
Wachovia Bank, N. A. Please acknowledge the execution of the above request by your signature and date below: _________________________________ Signature Date Documents returned to Trustee: _________________________________ Trustee Date EXHIBIT M TRANSFEREE ERISA REPRESENTATION LETTER [DATE] Chase Mortgage Finance Corporation 000 Xxxx Xxxxxxxxx, Third Floor Woodcliff Lake, New Jersey 07675 Re: Chase Mortgage Finance Corporation, Multi-Class Mortgage Pass-Through Certificates, Series 2004-S3, [Class M] [Class B- ] --------------------------------------------------- Ladies and Gentlemen: ______________ (the "Purchaser") intends to purchase from _________________________ (the "Transferor") $_______ by original principal balance (the "Transferred Certificate") of Multi-Class Mortgage Pass-Through Certificates, Series 2004-S3, [Class M] [Class B-__] (the "Certificates"), issued pursuant to a pooling and servicing agreement, dated as of February 1, 2004 (the "Pooling and Servicing Agreement"), among Chase Mortgage Finance Corporation (the "Depositor"), Chase Manhattan Mortgage Corporation ("CMMC"), as servicer (the "Servicer") and Wachovia Bank, N.A., as trustee (the "Trustee"). [The Purchaser intends to register the Transferred Certificate in the name of ____________________, as nominee for __________________.] All terms used and not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, we hereby certify, represent and warrant to, and covenant with, the Depositor that:
Wachovia Bank, N. A. Please acknowledge the execution of the above request by your signature and date below: _________________________________ _________________________________ Signature Date Documents returned to Trustee: _________________________________ _________________________________ Trustee Date EXHIBIT N FORM OF YIELD MAINTENANCE AGREEMENT UBS Form of Yield Maintenance Agreement Interest Rate Cap Agreement Confirmation Rate Cap Transaction Dated as of November 22, 2004 Chase Funding Loan Acquisition Trust, Series 2004-OPT1 Re: Rate Cap Transaction (Our ref. no 37041532) -------------------- Ladies and Gentlemen: The purpose of this Confirmation is to confirm the terms and conditions of the Transaction entered into between us on the Trade Date specified below. This Confirmation constitutes a "Confirmation" as referred to in the ISDA Form Master specified below. The definitions and provisions contained in the 2000 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern.
