Common use of Mutilated, Destroyed, Lost or Stolen Certificates Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 72 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2)

AutoNDA by SimpleDocs

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 66 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2019-1), Trust Agreement (AFS SenSub Corp.), Trust Agreement (AmeriCredit Automobile Receivables Trust 2018-3)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Securities Administrator, the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them reasonably satisfactory to each, to save each of them harmless, then then, in the absence of actual notice to the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Securities Administrator shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, Class and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Securities Administrator and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 49 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 45 contracts

Samples: Distribution Instructions (C-Bass Mortgage Loan Trust 2007-Cb3), Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust), Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 42 contracts

Samples: Trust Agreement (GMACM Home Equity Loan Trust 2006-He5), Trust Agreement (GMACM Home Loan Trust 2006-Hltv1), Trust Agreement (GMACM Home Equity Loan Trust 2006-He2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate RegistrarPaying Agent, or if the Certificate Registrar shall receive or the Authenticating Agent, or the Paying Agent, the Certificate Registrar or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Paying Agent, the Certificate Registrar and or the Owner Trustee, Authenticating Agent such security or indemnity as may be required by them to save hold each of them harmless, then then, in the absence of notice to the Paying Agent, the Certificate Registrar or the Authenticating Agent that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Paying Agent shall execute and countersign (or cause the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate Authenticating Agent to countersign) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationprincipal portion or Percentage Interest and of the same Class. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Paying Agent or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the fees and expenses of the Paying Agent or the Authenticating Agent) in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Estate, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.

Appears in 42 contracts

Samples: Trust Agreement (Wells Fargo Asset Securities Corp), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar6 Trust), Custodial Agreement (Wells Fargo Mortgage Backed Securities 2007-3 Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner TrusteeCertificate Registrar, or Wilmington Trust Company, as the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate Certificates under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate Certificates issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate Certificates shall be found at any time.

Appears in 34 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-3), Trust Agreement (Exeter Automobile Receivables Trust 2024-3), Trust Agreement (Exeter Automobile Receivables Trust 2024-2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 32 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Mortgage Loan Trust 2004-1), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-10)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Securities Administrator or the Certificate Registrar, or if the Securities Administrator and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice actual knowledge by the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Securities Administrator shall execute and the Owner Trustee, or cause the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall Registrar to authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under pursuant to this Section, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lostdestroyed, lost or stolen or destroyed Certificate shall be found at any time.

Appears in 29 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Master Servicing (GSR Mortgage Loan Trust 2006-8f), Trust Agreement (GSR Mortgage Loan Trust 2005-Ar2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 29 contracts

Samples: Trust Agreement (Home Loan Trust 2006-Hi4), Trust Agreement (Home Loan Trust 2006-Hi2), Trust Agreement (Home Loan Trust 2006-Hi1)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar________________, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 29 contracts

Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Homestar Mortgage Acceptance Corp), Trust Agreement (Argent Securities Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Securities Administrator or the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice actual knowledge by the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Securities Administrator shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 27 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Corp. 2005-WMC-1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Corp 2005-Opt2), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Corp. 2005-Fld1)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 27 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2014-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2014-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2014-a Owner Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, Certificate a new Certificate of like Class, tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.6, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.6 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 26 contracts

Samples: Trust Agreement (Ford Motor Credit Co), Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two L P)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate RegistrarTrustee, or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) in the case of any mutilated Certificate, such mutilated Certificate shall first be surrendered to the Trustee, and in the case of any destroyed, lost or stolen Certificate, there shall be first delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be reasonably required by them it to save each hold the Trustee harmless (provided, that with respect to an Owner which is an institutional investor, a letter of them harmlessindemnity furnished by it shall be sufficient for this purpose), then then, in the absence of written notice to the Trustee or the Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationaggregate principal amount, bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, the Owner Registrar or Trustee or the Certificate Registrar may require the payment from the transferor or transferee of the related Certificate of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto; any other expenses in connection therewithwith such issuance shall be an expense of the Trust. Any duplicate Every new Certificate issued pursuant to this Section in exchange for or in lieu of any mutilated, destroyed, lost or stolen Certificate shall constitute conclusive evidence of an ownership a substitute interest in the Trust, as if originally issuedand shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Certificates of the same Class duly issued hereunder and such mutilated, whether destroyed, lost or not the lost, stolen or destroyed Certificate shall not be found at valid for any timepurpose. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Certificates.

Appears in 26 contracts

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002 B), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002-A), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2005-A)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 26 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, as the case may be, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 24 contracts

Samples: Trust Agreement (Mmca Auto Owner Trust 2001-1), Trust Agreement (Mmca Auto Owner Trust 2001 2), Trust Agreement (Mmca Auto Receivables Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate RegistrarTrust Administrator, or if the Certificate Registrar shall receive Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to each of the Certificate Registrar Trustee and the Owner Trustee, Trust Administrator such security or indemnity as may be required by them it to save each of them it harmless, then then, in the absence of notice actual knowledge by the Trust Administrator or the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Trustee, or the Trust Administrator on behalf of the Trust Trustee shall execute execute, and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trust Administrator shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and of like tenor denomination and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Trust Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 23 contracts

Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc), Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rt Cer Se 1999-Nc5), Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1999-Nc4)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 21 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2012-1), Trust Agreement (Americredit Automobile Receivables Trust 2012-1), Trust Agreement (Americredit Automobile Receivables Trust 2011-5)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 20 contracts

Samples: Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5), Trust Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 19 contracts

Samples: Trust Agreement (Bear Stearns ARM Trust 2006-1), Trust Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-2), Trust Agreement (GSR Trust 2005-Hel1)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 17 contracts

Samples: Trust Agreement (Home Equity Loan Trust 2006-Hsa3), Trust Agreement (RFMSII Series 2006-Hsa2 Trust), Trust Agreement (Home Equity Loan Trust 2006-Hsa4)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor, the NIMS Insurer and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust), Pooling and Servicing Agreement (CHEC Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2), Pooling and Servicing Agreement (ABFC 2005-Aq1 Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Indenture Trustee and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 15 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner TrusteeTrustee such security, such security indemnity or indemnity bond, as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trustee that such destroyed, lost or stolen Certificate shall have has been acquired by a bona fide purchaser, and provided, however, that the Owner Trustee on behalf requirements of Section 8-405 of the Trust Uniform Commercial Code in effect in any applicable jurisdiction are met, the Trustee shall execute and the Owner Trusteeexecute, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate or Certificates of like tenor series, in authorized denominations and denominationof like Fractional Undivided Interest and bearing a number not contemporaneously outstanding. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest the appropriate Fractional Undivided Interest in the related Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section 3.06 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Certificates.

Appears in 14 contracts

Samples: Through Trust Agreement (Sun Country Airlines Holdings, Inc.), Through Trust Agreement (Sun Country Airlines Holdings, Inc.), Through Trust Agreement (Spirit Airlines, Inc.)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Indenture Trustee and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver (or shall cause the Indenture Trustee as its authenticating agent to authenticate and deliver), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 14 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Issuing Entity shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 4.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuing Entity, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 12 contracts

Samples: Trust Agreement (NovaStar Certificates Financing CORP), Trust Agreement (Accredited Mortgage Loan REIT Trust), Trust Agreement (Accredited Mortgage Loan REIT Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarBankers Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 11 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Trust from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 11 contracts

Samples: Owner Trust Agreement (Nomura Home Equity Loan, Inc.), Trust Agreement (Nomura Asset Acceptance Corp), Owner Trust Agreement (GE-WMC Mortgage Securities, L.L.C.)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarThe Chase Manhattan Bank, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 11 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2001 B), Trust Agreement (Premier Auto Trust 1999-1), Trust Agreement (Chrysler Financial Co LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trust and the Registrar or if the Certificate Registrar shall receive Trust receives evidence to its satisfaction of the destruction, loss or theft of any Certificate the Certificate, and (bii) there shall be is delivered to the Certificate Registrar Registrar, the Trust, the Delaware Trustee and the Owner Trustee, Administrator such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trust that such the Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Delaware Trustee on behalf of the Trust shall execute and the Owner Trustee, Delaware Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, amount and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, Section the Owner Trustee Trust or the Certificate Registrar Delaware Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Certificate and any other reasonable expenses (including the reasonable fees and expenses of the Trust, Delaware Trustee, the Administrator and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 11 contracts

Samples: Trust Agreement (Goal Capital Funding, LLC), Trust Agreement (Nelnet Student Loan Trust 2005-4), Trust Agreement (Nelnet Student Loan Funding LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Trustee or the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Trustee and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmlessharmless (the unsecured agreement of an Institutional Holder being sufficient for such purpose), then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like the same Class, tenor and denominationdenomination or Percentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Every new Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issuedissued on the Closing Date, regardless of whether any destroyed, lost or not the lost, stolen or destroyed Certificate in lieu of which such new Certificate was issued shall be found at any time.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Residential Resources Inc), Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp), Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Transferors shall execute, the Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 10 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2004-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2003-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2002 B Owner Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s its authenticating agent, agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationSeries principal balance. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (Household Automotive Trust 2001-1), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 4.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Trust Agreement (Accredited Mortgage Loan Trust 2003-2), Trust Agreement (Accredited Mortgage Loan Trust 2005-2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (Americredit Automobile Receivable Trust 2005-D-A), Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F), Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarXxxxx Fargo Delaware Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (United Pan Am Financial Corp), Trust Agreement (UPFC Auto Receivables Corp.), Trust Agreement (UPFC Auto Receivables Trust 2007-A)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Seller shall execute, the Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. (a) If (ai) any mutilated Certificate shall will be surrendered to the Certificate Registrar, or if the Certificate Registrar shall will receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall will be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save hold each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute will execute, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expense, tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall 3.5 will constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall will be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 9 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-3)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate Registrar_____________________, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 8 contracts

Samples: Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Bond Securitization LLC), Trust Agreement (Capital One Auto Receivables LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless a Note Insurer Default shall have occurred and be continuing) the Note Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWTC, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 8 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A), Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Registrar, the Owner Trustee and the Owner Trustee, Insurer such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 8 contracts

Samples: Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Headlands Mortgage Securities Inc), Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarWilmington Trust Company, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 8 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-B), Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Trust Agreement (AFS SenSub Corp.)

Mutilated, Destroyed, Lost or Stolen Certificates. If ------------------------------------------------- (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarBankers Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide purchaserProtected Purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any timeanytime.

Appears in 7 contracts

Samples: Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trust and the Registrar or if the Certificate Registrar shall receive Trust receives evidence to its satisfaction of the destruction, loss or theft of any Certificate the Certificate, and (bii) there shall be is delivered to the Certificate Registrar Registrar, the Trust, the Delaware Trustee and the Owner Trustee, Administrator such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trust that such the Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Delaware Trustee on behalf of the Trust shall execute and the Owner Trustee, Delaware Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, amount and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee Trust or the Certificate Registrar Delaware Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Certificate and any other reasonable expenses (including the reasonable fees and expenses of the Trust, Delaware Trustee, the Administrator and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Gmac Elf LLC), Trust Agreement (Nelnet Student Loan Funding LLC), Trust Agreement (Nelnet Student Loan Funding LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarJPMorgan Chase Bank, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2003-B), Trust Agreement (Daimlerchrysler Services North America LLC), Trust Agreement (Daimlerchrysler Auto Trust 2004-A)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Trustee and the Certificate Registrar shall receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) (except in the case of a mutilated Certificate) there shall be is delivered to the Trustee and the Certificate Registrar and the Owner Trusteesuch agreement, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewithrelation thereto. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 7 contracts

Samples: Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F3), Pooling Agreement (Structured Asset Mortgage Investments Ii Trust 2005-F1), Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or Indenture Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 7 contracts

Samples: Trust Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Trust Agreement (Chrysler Financial Services Americas LLC), Trust Agreement (Chrysler Financial Auto Securitization Trust 2009-A)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trust and the Registrar or if the Certificate Registrar shall receive Trust receives evidence to its satisfaction of the destruction, loss or theft of any Certificate the Certificate, and (bii) there shall be is delivered to the Certificate Registrar Registrar, the Trust, the Delaware Trustee and the Owner Trustee, Administrator such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trust that such the Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Delaware Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Delaware Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor tenor, amount and denominationPercentage Interest but bearing a number not contemporaneously outstanding. In connection with Upon the issuance of any new Certificate under this Section, Section the Owner Trustee Trust or the Certificate Registrar Delaware Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of the Certificate and any other reasonable expenses (including the reasonable fees and expenses of the Trust, the Delaware Trustee, the Administrator and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Trust Agreement (Nelnet Student Loan Trust 2009-2), Trust Agreement (Nelnet Student Loan Trust 2008-2), Trust Agreement (Nelnet Student Loan Trust 2008-4)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor and the Certificate Registrar (and with respect to the Owner TrusteeInsured Certificates, the Certificate Insurer) such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2005-Ar5), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Certificate Administrator, the Company and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Certificate Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Certificate Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Certificate Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust Transferor shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest. In connection with the issuance of any new Certificate under this SectionSection 6.04, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.04 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar[Owner Trustee], as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.), Trust Agreement (Efcar, LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc), And (Consumer Portfolio Services Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 6 contracts

Samples: Deposit Trust Agreement (Residential Asset Funding Corp), Deposit Trust Agreement (Prudential Securities Secured Financing Corp), Deposit Trust Agreement (Fund America Investors Corp Ii)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Trust from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner TrusteeTrust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Securities Administrator, the Trustee, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-1 Trust), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-3 Trust)

AutoNDA by SimpleDocs

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Transferor shall execute, the Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Partners First Receivables Funding Corp), Pooling and Servicing Agreement (At&t Universal Funding Corp), Pooling and Servicing Agreement (Credit Card Receivables Funding Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Securities Administrator, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Corp), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4), Trust Agreement (Thornburg Mortgage Securities Trust 2006-4)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner TrusteeTrust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (SG Mortgage Securities, LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar________________, as the Owner TrusteeTrust’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Ab Mortgage Securities Corp), Trust Agreement (Deutsche Mortgage Securities Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar Administrator and the Owner Trustee, Certificate Registrar such security or indemnity 339 as may be reasonably required by them to save each of them harmless, then then, in the absence of actual notice to the Certificate Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Certificate Registrar shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or Certificate Administrator and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Administrator and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (COMM 2015-Lc19 Mortgage Trust), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C29), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-Lc20)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons (if any) appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Transferor shall execute, Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliverthe Transfer Agent and Registrar shall deliver (in the case of Bearer Certificates, outside the United States), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate fractional undivided interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of Trustee and Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (World Financial Network Credit Card Master Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide purchaser, and upon certification provided by the Holder of such Certificate that the requirements of Section 8-405 of the Relevant UCC have been met, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Bayview Financial Securities Co LLC), Trust Agreement (HMB Acceptance Corp.), Trust Agreement (BLG Securities Company, LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Securities Administrator, the Trustee, the Depositor, the NIMS Insurer and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2004-He1)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Securities Administrator, the Depositor and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Securities Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2), Pooling and Servicing Agreement (Thornburg 2006-2), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-3)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar Registrar, the Indenture Trustee and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmlessand the Issuer from harm, then in the absence of notice to the Certificate Registrar, the Indenture Trustee or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarIndenture Trustee, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.10, the Owner Trustee, the Indenture Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.10 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Wachovia Asset Funding Trust, LLC), Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Securitization Inc 2003-He2 Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar[___________], as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Daimlerchrysler Services North America LLC), Trust Agreement (DaimlerChrysler Financial Services Americas LLC), Trust Agreement (Daimlerchrysler Services North America LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarDeutsche Bank Trust Company Americas, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2003-B-X), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar or the Trustee and to the Owner Trustee, Certificate Insurer such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaserpurchaser other than the Person who requested a replacement Certificate, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 6.4, the Owner Trustee or and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarDeutsche Bank Trust Company Americas, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2004-B), Trust Agreement (DaimlerChrysler Auto Trust 2006-A), Trust Agreement (Daimlerchrysler Auto Trust 2005-B)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Certificate Registrar shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Trust Agreement (Pacificamerica Money Center Inc), Trust Agreement (Pacificamerica Money Center Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and of the ownership thereof and (b) there shall be is delivered to the Master Servicer, the Securities Administrator, the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Certificate Registrar shall execute and the Owner Trusteeexecute, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 6.03, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 6.03 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Certificate Registrar under the terms of this Section 6.03 shall be canceled and destroyed by the Certificate Registrar in accordance with its standard procedures without liability on its part.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate (provided that a Certificateholder's written statement with respect to such destruction, loss or theft shall constitute satisfactory evidence thereof) and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 7.04, the Owner Trustee or and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 7.04 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Master Trust Agreement (Aegis Consumer Funding Group Inc), Pooling and Servicing Agreement (Aegis Consumer Funding Group Inc), Pooling and Servicing Agreement (Aegis Consumer Funding Group Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Depositor, the Securities Administrator and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Securities Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner TrusteeTrust, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Securities Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee, the Securities Administrator and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3), Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10), Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them it to save each of them it harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationClass. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require of the Certificateholder the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses connected therewith. Any duplicate replacement Certificate of any Class issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest of the Percentage Interest in the Trustdistributions to which the Certificateholders of such Class are entitled, as if originally issued, whether or not the lostmutilated, destroyed, lost or stolen or destroyed Certificate shall be found at any time, and such mutilated, destroyed, lost or stolen Certificate shall be of no force or effect under this Agreement.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Pooling and Servicing Agreement (MLCC Mortgage Investors Inc), Pooling and Servicing Agreement (Sequoia Mort Trust 4 Mort Loan Asset Back Pass-Through Cert)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate RegistrarBankers Trust Company, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner TrusteeTrustee or JPMorgan Chase Bank, or the Certificate RegistrarN.A., as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (DaimlerChrysler Auto Trust 2006-B), Trust Agreement (Daimlerchrysler Auto Trust 2005-A), Trust Agreement (Daimlerchrysler Auto Trust 2004-C)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate RegistrarOwner Trustee, or if the Certificate Registrar Owner Trustee shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them it to save each of them it harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 10.04, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 10.04 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (United Fidelity Finance LLC), Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Transaction Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate Certificates shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificates and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement (Citigroup Mortgage Loan Trust 2005-11), Trust Agreement (Citigroup Mortgage Loan Trust 2005-6)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Deposit Trust Agreement (Residential Resources Inc), Deposit Trust Agreement (Union Planters Mortgage Finance Corp), Deposit Trust Agreement (Union Planters Home Equity Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner TrusteeTrustee such security, such security indemnity or indemnity bond, as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Trustee that such destroyed, lost or stolen Certificate shall have has been acquired by a bona fide protected purchaser, and provided that the Owner Trustee on behalf requirements of Section 8-405 of the Trust Uniform Commercial Code in effect in any applicable jurisdiction are met, the Trustee shall execute and the Owner Trusteeexecute, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate or Certificates, in authorized denominations and of like tenor Fractional Undivided Interest and denominationbearing a number not contemporaneously outstanding. In connection with the issuance of any new Certificate under this SectionSection 3.07, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.07 shall constitute conclusive evidence of an ownership interest the appropriate Fractional Undivided Interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Certificates.

Appears in 3 contracts

Samples: Through Trust Agreement (America West Airlines Inc), Through Trust Agreement (America West Airlines Inc), Through Trust Agreement (America West Airlines Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Transfer Agent and Registrar, or if the Certificate Transfer Agent and Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be is delivered to the Certificate Transfer Agent and Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save hold each of them and the Trust harmless, then then, in the absence of notice to the Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of shall (unless the Trust shall execute Transfer Agent and Registrar is different from the Owner Trustee, or in which case the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall Transfer Agent and Registrar shall) authenticate and deliverdeliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationaggregate Undivided Interest. In connection with the issuance of any new Certificate under this SectionSection 6.4, the Owner Trustee or the Certificate Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Fingerhut Companies Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Certificate Registrar Administrator and the Owner Trustee, Certificate Registrar such security or indemnity as may be reasonably required by them to save each of them harmless, then then, in the absence of actual notice to the Certificate Administrator and the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Certificate Registrar shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Class and like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Sectionsection, the Owner Trustee or Certificate Administrator and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Certificate Administrator and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2007-C6), Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2006-C5), Pooling and Servicing Agreement (CD 2007-Cd4 Commercial Mortgage Trust)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Registrar or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (bii) there shall be is delivered to the Trustee, the Administrator, the Servicer and the Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Administrator or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute Trust, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Administrator shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like Class, tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Trustee, the Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Trustee, the Administrator and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive complete and indefeasible evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-2)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate RegistrarThe Chase Manhattan Bank, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with the issuance of any new Certificate under this SectionSection 3.05, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (Prudential Securities Secured Financing Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be reasonably required by them to save each of them harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee or the Certificate Registrar shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate Registrar, Registrar (or shall cause LaSalle Bank National Association as the Owner Trustee’s its authenticating agentagent to authenticate and deliver), shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expenses of the Owner Trustee or the Certificate Registrar (including fees and expenses of counsel) and any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Trust Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Trust Agreement (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)

Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate shall be is surrendered to the Certificate Registrar, Trustee or if the Certificate Registrar shall receive or the Trustee or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate and (bii) there shall be is delivered to the Trustee, the Certificate Registrar (and with respect to the Insured Certificates, the Certificate Insurer) and the Owner Trustee, Depositor such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee, the Depositor or the Certificate Registrar that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Securities Administrator shall execute on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denominationPercentage Interest. In connection with Upon the issuance of any new Certificate under this Section, the Owner Trustee Depositor or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Depositor and the Certificate Registrar) in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute conclusive complete and indefeasible evidence of an ownership interest in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Pooling and Servicing Agreement (Harborview 2006-Bu1)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be delivered to the Certificate Registrar Registrar, the Class A Insurer and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Toyota Motor Credit Receivables Corp)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and Registrar, the Owner TrusteeTrustee and (unless an Insurer Default shall have occurred and be continuing) the Insurer, such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor class, and denominationpercentage ownership interest in the Trust. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (National Financial Auto Funding Trust), Trust Agreement (National Auto Finance Co Inc), Trust Agreement (National Auto Finance Co Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice that such Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust Issuer shall execute and the Owner Trustee, or the Certificate Registrar[_____________________], as the Owner Trustee’s 's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like class, tenor and denomination. In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute conclusive evidence of an ownership interest in the TrustIssuer, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Bas Securitization LLC, Lehman Brothers Asset Securitization LLC, Bas Securitization LLC

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Class A Certificate or Class B Certificate shall be surrendered to the Transfer Agent and Certificate Registrar, or if the Transfer Agent and Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Class A Certificate or Class B Certificate and (b) there shall be delivered to the Trustee and the Transfer Agent and Certificate Registrar and the Owner Trustee, such security or indemnity as may be required by them to save each of them harmless, then then, in the absence of notice to the Trustee that such such, Class A Certificate or Class B Certificate shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute execute, authenticate and (if the Owner Transfer Agent and Certificate Registrar is different from the Trustee, or the then Transfer Agent and Certificate Registrar, as the Owner Trustee’s authenticating agent, shall authenticate and Registrar shall) deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Class A Certificate or Class B Certificate, a new Class A Certificate or Class B Certificate of like tenor and denominationdenomination but bearing a number not contemporaneously outstanding. In connection with the issuance of any new Class A Certificate or Class B Certificate under this SectionSection 9.4, the Owner Trustee or the Transfer Agent and Certificate Registrar Registrar, as the case may be, may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Replacement Class A Certificate or Class B Certificate issued pursuant to this Section 9.4 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the a lost, stolen stolen, or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate shall be surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate and (b) there shall be delivered to the Certificate Registrar and the Owner Trustee, Trustee such security or indemnity as may be required by them to save each of them and the Issuer harmless, then in the absence of notice to the Certificate Registrar or the Owner Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee shall execute on behalf of the Trust shall execute and the Owner Trustee, Trustee or the Certificate RegistrarPaying Agent, as the Owner Trustee’s Trust's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor and denomination. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Mutilated, Destroyed, Lost or Stolen Certificates. If (a) ------------------------------------------------- any mutilated Certificate shall be is surrendered to the Certificate Registrar, or if the Certificate Registrar shall receive receives evidence to its satisfaction of the destruction, loss or theft of any Certificate Certificate, and (b) there shall be is delivered to the Certificate Registrar and the Owner TrusteeCertificate Trustee such security, such security indemnity or indemnity bond as may be required by them to save each of them harmless, then then, in the absence of notice to the Registrar or the Certificate Trustee that such Certificate shall have has been acquired by a bona fide purchaser, the Owner Trustee Certificate Trustee, on behalf of the Trust Trust, shall execute execute, and the Owner Trustee, or the Certificate Registrar, as the Owner Trustee’s authenticating agent, Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate (of the same Series or Class as the Certificate so mutilated, destroyed, lost or stolen) of like tenor and denominationOriginal Principal Amount. In connection with the issuance of any new Certificate under this SectionSection 3.06, the Owner Certificate Trustee or the Certificate Registrar may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection relation thereto and any other expenses (including the fees and expenses of the Delaware Trustee, the Certificate Trustee and the Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.06 shall constitute conclusive evidence of an ownership the same interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.

Appears in 3 contracts

Samples: Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Declaration and Agreement (Pg&e Funding LLC), Declaration and Agreement (Sce Funding LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.