Common use of Resignation and Removal of Trustee Clause in Contracts

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, and to the successor trustee. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer and the Certificateholders. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Trust 2005-Cki1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Trust 2005-Cki1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Trust 2005-McP1)

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Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master ServicerServicers, the Special Servicer, to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerServicers, the Special Servicer and the Certificateholders. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2006-2), Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2006-4), Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2006-3)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, the REMIC Administrator and to all Certificateholders at their respective addresses set forth in the Certificate RegisterCertificateholders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies Master Servicer by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer Servicer, the REMIC Administrator and the CertificateholdersCertificateholders by the Depositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Criimi Mae CMBS Corp), Pooling and Servicing Agreement (Criimi Mae CMBS Corp), Pooling and Servicing Agreement (DLJ Commercial Mortgage Corp)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, the Swap Counterparty and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master Depositor, the Special Servicer, the Special Servicer Swap Counterparty and the CertificateholdersCertificateholders by the Master Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 3 contracts

Samples: Intercreditor Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C31), Distribution Instructions (Wachovia Bank Commercial Mortgage Trust Series 2007-C31), Pooling and Servicing Agreement (First Union Com Mor Sec Inc Com Mor Pass THR Cer Ser 2001-C1)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies Depositor by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerDepositor, the Special Servicer and the CertificateholdersCertificateholders by the Master Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Cert Series 1998-C3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerDepositor, the Special Servicer and the CertificateholdersCertificateholders by the Master Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Com MRT Pas THR Cert Ser 2002 Mw1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate RegisterCertificateholders. Upon receiving such notice of resignationresignation from the Trustee, the Depositor Master Servicer, with the Directing Certificateholder's reasonable consent, subject to Section 4.16(b), shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and trustee. The appointment of such successor must be acceptable to the Rating Agencies Depositor and by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerTrustee and the Certificateholders, the Depositor and the Special Servicer and by the CertificateholdersMaster Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies Depositor by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerDepositor, the Special Servicer and the CertificateholdersCertificateholders by the Master Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certiticates Series 1999 C2)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Controlling Class Representative, the Master Servicer, the Special Servicer, to Servicer and all Certificateholders at their respective addresses set forth in the Certificate RegisterCertificateholders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and reasonably acceptable to the Rating Agencies Controlling Class Representative meeting the eligibility requirements of SECTION 8.06, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to other parties hereto and to the Master Servicer, Certificateholders by the Special Servicer and the CertificateholdersDepositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, and to the successor trustee. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer and the Certificateholders. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Comm Mort Ps THR Certs Ser 2003-Key1)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Controlling Class Representative, the Master Servicer, the Special Servicer, to Servicer and all Certificateholders at their respective addresses set forth in the Certificate RegisterCertificateholders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and reasonably acceptable to the Rating Agencies Controlling Class Representative meeting the eligibility requirements of Section 8.06, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to other parties hereto and to the Master Servicer, Certificateholders by the Special Servicer and the CertificateholdersDepositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)

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Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Controlling Class Representative, the Master ServicerServicers, the Special Servicer, to Servicers and all Certificateholders at their respective addresses set forth in the Certificate RegisterCertificateholders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and reasonably acceptable to the Rating Agencies -231- Controlling Class Representative meeting the eligibility requirements of SECTION 8.06, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to other parties hereto and to the Master Servicer, Certificateholders by the Special Servicer and the CertificateholdersDepositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in Certificateholders. Upon such notice of resignation, the Certificate RegisterFiscal Agent shall also be deemed to have resigned. Upon receiving such notice of resignation, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies Depositor by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerDepositor, the Special Servicer and the CertificateholdersCertificateholders by the Master Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerDepositor, the Special Servicer and the CertificateholdersCertificateholders by the Master Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.. 207

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master ServicerServicers, the Special ServicerServicers, to all the Certificateholders at their respective addresses set forth in the Certificate Registerand any B Loan Holder. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the eligibility requirements in of Section 8.06 and acceptable to the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to other parties hereto and to the Master Servicer, Certificateholders and any B Loan Holders by the Special Servicer and the CertificateholdersDepositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Comm Mort Pass THR Cert Ser 2003-Cnp1)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate RegisterRegistrar. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Rating Agencies Master Servicer by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer Servicer, the Rating Agencies and the CertificateholdersCertificateholders by the Depositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Resignation and Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, Servicer and to all Certificateholders at their respective addresses set forth in the Certificate RegisterCertificateholders. Upon receiving such notice of resignationresignation from the Trustee, the Depositor Master Servicer shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and trustee. The appointment of such successor must be acceptable to the Rating Agencies Depositor and by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee, Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Master ServicerTrustee and the Certificateholders, the Depositor and the Special Servicer and by the CertificateholdersMaster Servicer. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)

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