Common use of Action Upon Instructions Clause in Contracts

Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal income tax purposes.

Appears in 8 contracts

Samples: Trust Agreement, Trust Agreement (National Collegiate Funding LLC), Trust Agreement (National Collegiate Student Loan Trust 2007-4)

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Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s 's taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal income tax purposes.

Appears in 5 contracts

Samples: Trust Agreement (National Collegiate Trust 1996-S2), Authority And (National Collegiate Trust 1997-S2), Authority And (National Collegiate Trust 1996-S2)

Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; providedPROVIDED, howeverHOWEVER, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s 's taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal income tax purposes.

Appears in 3 contracts

Samples: Trust Agreement (National Collegiate Student Loan Trust 2004-1), Authority And (National Collegiate Student Loan Trust 2005-1), Trust Agreement (National Collegiate Funding LLC)

Action Upon Instructions. (a) The Owner Trustee Trustees shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIIIIX; provided, however, that neither of the Owner Trustee Trustees shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or either of the Owner Trustee Trustees is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of either of the Owner TrusteeTrustees, unless the Owners shall have provided to the Owner Trustee Trustees indemnification or security reasonably satisfactory to the Owner Trustee Trustees against all costs, expenses and liabilities arising from the Owner Trustee’s Trustees’ taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal federal income tax purposes.

Appears in 2 contracts

Samples: Administration Agreement (First Marblehead Corp), Administration Agreement (First Marblehead Corp)

Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal income tax purposes.

Appears in 2 contracts

Samples: Alternative Servicing Agreement, www.studentloanlawworkshop.net

Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s taking of such action, or (iii) would adversely affect the status of the Trust as either a grantor trust or a partnership for Federal income tax purposes.

Appears in 1 contract

Samples: Trust Agreement (National Collegiate Student Loan Trust 2006-2)

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Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s 's taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal income tax purposes.

Appears in 1 contract

Samples: Alternative Servicing Agreement (National Collegiate Student Loan Trust 2007-2)

Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s taking of such action, or (iii) would adversely affect the status of the Trust as a partnership for Federal income tax purposes.

Appears in 1 contract

Samples: Trust Agreement (National Collegiate Student Loan Trust 2005-2)

Action Upon Instructions. (a) The Owner Trustee shall take such action or actions as may be specified specified in this Agreement or in any instructions delivered in accordance with this Article IV or Article VIII; provided, however, that the Owner Trustee shall not be required to take any such action if it shall have reasonably determined, or shall have been advised by counsel, that such action (i) is contrary to the terms hereof or of any document contemplated hereby to which the Trust or the Owner Trustee is a party or is otherwise contrary to law, (ii) is likely to result in personal liability on the part of the Owner Trustee, unless the Owners shall have provided to the Owner Trustee indemnification indemnification or security reasonably satisfactory to the Owner Trustee against all costs, expenses and liabilities arising from the Owner Trustee’s taking of such action, or (iii) would adversely affect the status of the Trust as either a grantor trust or a partnership for Federal income tax purposes.

Appears in 1 contract

Samples: Trust Agreement

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