Payment from Trust Estate Only Sample Clauses

Payment from Trust Estate Only. All payments to be made by ------------------------------ Borrower in respect of the Loans and this Loan Agreement shall be made only from the income and the proceeds from Loan Agreement the Trust Estate and only to the extent that Borrower shall have received sufficient income or proceeds from the Trust Estate to make such payments in accordance with the terms of Article III. Each Lender agrees that it will look ----------- solely to the income and proceeds from the Trust Estate to the extent available for distribution to such Lender as herein provided and that none of Borrower, any Certificate Purchaser or Administrative Agent is or shall be personally liable to any Lender for any amount payable hereunder or under any Note.
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Payment from Trust Estate Only. All payments to be made by ------------------------------ Certificate Trustee in respect of the Certificates and this Trust Agreement shall be made only from the income and the proceeds from the Trust Estate and only to the extent that Certificate Trustee shall have received sufficient income or proceeds from the Trust Estate to make such payments in accordance with the terms of Article III. The Certificate Purchasers agree that they will ------- look solely to the income and proceeds from the Trust Estate to the extent available for distribution to them as herein provided and that Certificate Trustee is not nor shall be liable in its individual capacity to any Certificate Purchaser for any amount payable hereunder or under the Certificates.
Payment from Trust Estate Only. All payments to be made by Borrower in respect of the Loans and this Loan Agreement shall be made only from the income and the proceeds from the Trust Estate and only to the extent that Borrower shall have received sufficient income or proceeds from the Trust Estate to make such payments in accordance with the terms of Article III. Each Lender agrees that it will look solely to the income and proceeds from the Trust Estate to the extent available for distribution to such Lender as herein provided and that neither Borrower nor Agent is or shall be personally liable to any Lender for any amount payable hereunder or under any Note except as specifically provided for in the Trust Agreement or the Participation Agreement. SECTION 2.9.
Payment from Trust Estate Only. All payments to be made by Trustee in respect of the Certificates and this Trust Agreement shall be made only from the income and proceeds from the Trust Estate and only to the extent that Trustee shall have received sufficient income or proceeds from the Trust Estate to make such payments in accordance with the terms of Article IV. The Certificate Holders agree that they will look solely to the income and proceeds from the Trust Estate to the extent available for distribution to them as herein provided, and that Trustee is not nor shall it be liable in its individual capacity to any Certificate Holder for any amount payable hereunder or under the Certificates except as provided in Section 5.5(c). Notwithstanding the foregoing, it is expressly understood and agreed that nothing in this Section 3.8 shall be deemed to (i) release Trustee from liability for its fraudulent actions or willful misconduct, or (ii) limit or affect the obligations of the Trust Company in accordance with the express terms of any Operative Document creating a recourse obligation of the Trust Company.
Payment from Trust Estate Only. All payments to be made by the Trustee in respect of the Certificates and this Trust Agreement will be made only from the income and the proceeds from the Trust Estate, and only to the extent that the Trustee has received sufficient income or proceeds from the Trust Estate to make such payments in accordance with the terms of Sections 3.2 and 3.3. The Certificate Holders agree that they will look solely to the income and proceeds from the Trust Estate to the extent available for distribution to them as herein provided, and that the Trustee is not nor will it be liable in its individual capacity to any Certificate Holder for any amount payable hereunder or under the Certificates.
Payment from Trust Estate Only. Loan Agreement to the extent that the Borrower shall have received sufficient income or proceeds from the Trust Estate to make such payments in accordance with the terms of Article III. Each Lender agrees that it will look solely to the income and proceeds from the Trust Estate for distribution to such Lender as herein provided and that neither the Borrower nor the Administrative Agent is or shall be personally liable to any Lender for any amount or expense payable hereunder or under any Note or Security Document except as specifically provided for in the Trust Agreement, the Participation Agreement or any other Operative Document. The provisions of this Section 2.8 shall apply whether or not a Loan Event of Default shall have occurred and be continuing.

Related to Payment from Trust Estate Only

  • Payments from Owner Trust Estate All payments to be made by the Owner Trustee under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party shall be made only from the income and proceeds of the Owner Trust Estate and only to the extent that the Owner Trustee shall have received income or proceeds from the Owner Trust Estate to make such payments in accordance with the terms hereof. Wilmington Trust Company or any successor thereto, in its individual capacity, shall not be liable for any amounts payable under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party.

  • No Legal Title to Owner Trust Estate in Certificateholder The Certificateholder shall not have legal title to any part of the Owner Trust Estate. The Certificateholder shall be entitled to receive distributions in accordance with Article VIII. No transfer, by operation of law or otherwise, of any right, title or interest of the Certificateholder to and in its ownership interest in the Owner Trust Estate shall operate to terminate this Agreement or the trust hereunder or entitle any transferee to an accounting or to the transfer to it of legal title to any part of the Owner Trust Estate.

  • No Legal Title to Owner Trust Estate in Certificateholders The Certificateholders shall not have legal title to any part of the Owner Trust Estate. The Certificateholders shall be entitled to receive distributions with respect to their undivided ownership interest therein only in accordance with Articles V and IX. No transfer, by operation of law or otherwise, of any right, title or interest of the Certificateholders to and in their ownership interest in the Owner Trust Estate shall operate to terminate this Agreement or the trusts hereunder or entitle any transferee to an accounting or to the transfer to it of legal title to any part of the Owner Trust Estate.

  • The Trust Estate The Depositor hereby assigns, transfers, conveys and sets over to the Trustee the sum of $10.00. The Trustee hereby acknowledges receipt of such amount in trust from the Depositor, which amount shall constitute the initial trust estate. The Trustee hereby declares that it will hold the trust estate in trust for the Depositor. It is the intention of the parties hereto that the Trust created hereby constitute a business trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. Section 3801, et seq. (the "Business Trust Act"), and that this document constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in accordance with the provisions of the Business Trust Act.

  • No Legal Title to Owner Trust Estate The Certificateholders shall not have legal title to any part of the Owner Trust Estate solely by virtue of their status as a Certificateholder. The Certificateholders shall be entitled to receive distributions with respect to their undivided beneficial interest therein only in accordance with Articles V and VIII. No transfer, by operation of law or otherwise, of any right, title or interest of the Certificateholders to and in their ownership interest in the Owner Trust Estate shall operate to terminate this Trust Agreement or the trusts hereunder or entitle any transferee to an accounting or to the transfer to it of legal title to any part of the Owner Trust Estate.

  • No Legal Title to Trust Estate in Certificateholders The Certificateholders shall not have legal title to any part of the Trust Estate. A Certificateholder shall be entitled to receive distributions with respect to its undivided Percentage Interest therein only in accordance with Articles V and IX. No transfer, by operation of law or otherwise, of any right, title or interest of a Certificateholder to and in its ownership interest in the Trust Estate shall operate to terminate this Agreement or the trusts hereunder or entitle any transferee to an accounting or to the transfer to it of legal title to any part of the Trust Estate.

  • Trust Estate The assets subject to this Agreement and the Indenture, transferred by the Depositor to the Issuer and pledged by the Issuer to the Indenture Trustee, which assets consist of all accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, money, deposit accounts, certificates of deposit, goods, notes, drafts, letters of credit, advices of credit, investment property, uncertificated securities and rights to payment of any and every kind consisting of, arising from or relating to any of the following: (a) the Mortgage Loans listed in the Mortgage Loan Schedule, and principal due and payable after the Cut-off Date, but not including interest and principal due and payable on any Mortgage Loans on or before the Cut-off Date, together with the Mortgage Files relating to such Mortgage Loans; (b) any Insurance Proceeds, REO Property, Liquidation Proceeds and other recoveries (in each case, subject to clause (a) above), (c) the Trust Accounts, Recoveries, any Custodial Account, any Escrow Account and all amounts deposited therein pursuant to the applicable provisions of this Agreement, (d) any Insurance Policies, (e) the rights of the Depositor under the Mortgage Loan Sale Agreement (f) the Servicing Agreements and (g) all income, revenues, issues, products, revisions, substitutions, replacements, profits, rents and all cash and non-cash proceeds of the foregoing.

  • Protection of Owner Trust Estate The Issuer intends the security interest Granted pursuant to this Indenture in favor of the Indenture Trustee on behalf of the Noteholders to be prior to all other liens in respect of the Owner Trust Estate, and the Issuer shall take all actions necessary to obtain and maintain, for the benefit of the Indenture Trustee on behalf of the Noteholders, a first lien on and a first priority, perfected security interest in the Owner Trust Estate. The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, all as prepared by the Administrator and delivered to the Issuer, and will take such other action necessary or advisable to:

  • Initial Capital Contribution of Owner Trust Estate The Transferor hereby sells, assigns, transfers, conveys and sets over to the Owner Trustee, as of the date hereof, the sum of $1.00. The Owner Trustee hereby acknowledges receipt in trust from the Transferor, as of the date hereof, of the foregoing contribution, which shall constitute the initial Owner Trust Estate and shall be deposited in the Certificate Distribution Account. The Transferor shall pay organizational expenses of the Issuer as they may arise or shall, upon the request of the Owner Trustee, promptly reimburse the Owner Trustee for any such expenses paid by the Owner Trustee.

  • No Legal Title to Trust Estate The Certificateholders shall not have legal title to any part of the Trust Estate. The Certificateholders shall be entitled to receive distributions with respect to their undivided beneficial interest therein only in accordance with Articles V and VIII. No transfer, by operation of law or otherwise, of any right, title or interest of the Certificateholders to and in their ownership interest in the Trust Estate shall operate to terminate this Trust Agreement or the trusts hereunder or entitle any transferee to an accounting or to the transfer to it of legal title to any part of the Trust Estate.

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