Common use of Termination of Trust Agreement Clause in Contracts

Termination of Trust Agreement. (a) The Trust shall dissolve in accordance with Section 3808 of the Statutory Trust Act immediately prior to the final distribution by the Owner Trustee of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 75 contracts

Samples: Trust Agreement (Ally Auto Receivables Trust 2024-1), Trust Agreement (Ally Auto Receivables Trust 2024-1), Trust Agreement (Ally Auto Receivables Trust 2023-1)

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Termination of Trust Agreement. (a) The Trust shall dissolve in accordance with Section 3808 of the Statutory Trust Act immediately prior to the final distribution by the Owner Trustee of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Trust Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Trust Sale and Servicing Agreement) and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 35 contracts

Samples: Trust Agreement (Capital Auto Receivables Asset Trust 2016-3), Trust Agreement (Capital Auto Receivables Asset Trust 2016-3), Trust Agreement (Capital Auto Receivables Asset Trust 2016-2)

Termination of Trust Agreement. (a) The Trust This Agreement (other than Article Eight) shall terminate and be of no further force or effect and the Issuer shall dissolve in accordance with Section 3808 of the Statutory Trust Act immediately prior to and wind up, (i) upon the final distribution by the Owner Trustee of all monies funds or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, Indenture and this Agreement and (ii) at the Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to times provided in Section 8.01(a) 2.19 of the Servicing Agreement) and Article V. . The bankruptcy, liquidation, dissolution, or termination, death or incapacity of any Certificateholder Trust Certificateholder, shall not (xi) operate to terminate this Agreement or the TrustIssuer, (yii) entitle such Trust Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust Issuer or the Owner Trust Estate or (ziii) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 24 contracts

Samples: Trust Agreement (BMW Vehicle Lease Trust 2024-1), Trust Agreement (BMW Vehicle Lease Trust 2024-1), Trust Agreement (BMW Vehicle Lease Trust 2023-2)

Termination of Trust Agreement. (a) The Trust This Agreement (other than Article Eight) shall terminate and be of no further force or effect and the Issuer shall dissolve in accordance with Section 3808 of the Statutory Trust Act immediately prior to and wind up, (i) upon the final distribution by the Owner Trustee of all monies funds or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, Indenture and this Agreement and (ii) at the Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to times provided in Section 8.01(a) 2.19 of the Servicing Agreement) and Article V. . The bankruptcy, liquidation, dissolution, or termination, death or incapacity of any Certificateholder Trust Certificateholder, shall not (xi) operate to terminate this Agreement or the TrustIssuer, (yii) entitle such Trust Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust Issuer or the Owner Trust Estate or nor (ziii) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 18 contracts

Samples: Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (Financial Services Vehicle Trust)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of no further force or effect upon the Statutory completion of winding up the Trust Act after its dissolution, which dissolution shall occur immediately prior to the final distribution by the Owner Trustee or Paying Agent of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Exchange Note Transfer Agreement) , and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 13 contracts

Samples: Trust Agreement (World Omni Automobile Lease Securitization Trust 2019-A), Trust Agreement (World Omni Automobile Lease Securitization Trust 2019-A), Trust Agreement (World Omni Automobile Lease Securitization Trust 2018-B)

Termination of Trust Agreement. (a) The Trust shall dissolve in accordance with Section 3808 of the Statutory Trust Act immediately prior to the final distribution by the AART Owner Trustee of all monies or other property or proceeds of the AART Owner Trust Estate in accordance with the terms of the AART Indenture, the Servicing Administration Agreement (including the exercise by the Servicer Administrator of its option to purchase the Receivables Secured Notes pursuant to Section 8.01(a) of the Servicing Administration Agreement) ), and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the AART Owner Trust Estate Estate, or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 12 contracts

Samples: Trust Agreement (Ally Auto Assets LLC), Trust Agreement (Ally Auto Assets LLC), Trust Agreement (Ally Auto Assets LLC)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect (i) upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. V or (ii) at the time provided in Section 9.02. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Owner, other than the Depositor as described in Section 9.02, shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 9 contracts

Samples: Trust Agreement (First Merchants Acceptance Corp), Trust Agreement (Citigroup Vehicle Securities Inc), Trust Agreement (Morgan Stanley Abs Capital Ii Inc)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of no further force or effect upon the Statutory completion of winding up the Trust Act after its dissolution, which dissolution shall occur immediately prior to the final distribution by the Owner Trustee or Paying Agent of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Exchange Note Transfer Agreement) , and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 9 contracts

Samples: Trust Agreement (World Omni Auto Leasing LLC), Trust Agreement (World Omni LT), Trust Agreement (World Omni Automobile Lease Securitization Trust 2020-B)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect: (i) upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. V or (ii) at the time provided in Section 9.02. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Owner, other than the Company as described in Section 9.02, shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 6 contracts

Samples: Trust Agreement (Bond Securitization LLC), Trust Agreement (Bond Securitization LLC), Trust Agreement (Goldman Sachs Asset Backed Securities Corp)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII and Section 11.08) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. Any money or other property held as part of the Owner Trust Estate following such distribution shall be distributed to the Depositor. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such the Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 4 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2007-A)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII and Section 11.09) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. Any money or other property held as part of the Owner Trust Estate following such distribution shall be distributed to the Seller. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder the Owner shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such Certificateholder’s the Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 4 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance terminate and be of no further force or effect upon the completion of winding up the Trust after its dissolution, which dissolution shall occur concurrent with Section 3808 of the Statutory Trust Act immediately prior to the final distribution by the Owner Trustee or Paying Agent of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Exchange Note Transfer Agreement) , and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 3 contracts

Samples: Trust Agreement (World Omni Automobile Lease Securitization Trust 2012-A), Trust Agreement (World Omni Automobile Lease Securitization Trust 2011-A), Trust Agreement (World Omni Automobile Lease Securitization Trust 2009-A)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII and Section 11.08) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. Any money or other property held as part of the Owner Trust Estate following such distribution shall be distributed to the Depositor. The bankruptcy, liquidation, dissolution, death or incapacity of any the Certificateholder shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such the Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 3 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2006-A), Trust Agreement (Caterpillar Financial Funding Corp)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the Business Trust Statute and the terms of the Indenture, Indenture and the Transfer and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) Agreement. Any money or other property held as part of the Servicing Agreement) and Article V. Owner Trust Estate following such distribution shall be distributed to the Transferor. The bankruptcy, liquidation, dissolution, termination, death or incapacity of any Certificateholder the Owner shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such Certificateholder’s the Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 2 contracts

Samples: Trust Agreement (Metlife Capital Equipment Loan Trusts), Trust Agreement (Metlife Capital Equipment Loan Trusts)

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Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect (i) upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of Article V and the Indenture, (ii) at the Servicing Agreement time provided in Section 9.02 or (including iii) at the exercise by the Servicer of its option to purchase the Receivables pursuant to time provided in Section 8.01(a) of the Servicing Agreement) and Article V. 9.03. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Owner, other than the Company as described in Section 9.02, shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 2 contracts

Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect (i) upon the final distribution distri- bution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. V or (ii) at the time provided in Section 9.02. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Owner, other than the Depositor as described in Section 9.02, shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 2 contracts

Samples: Trust Agreement (Nal Financial Group Inc), Trust Agreement (Nal Financial Group Inc)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect (i) upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. V or (ii) at the time provided in Section 9.02. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Owner, other than the Company as described in Section 9.02, shall not (x) operate to terminate this Agreement or the Trust, Trust or (y) entitle such Certificateholder’s Owner's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Premier Auto Trust 1996-4)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII and Section 11.09) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. Any money or other property held as part of the Owner Trust Estate following such distribution shall be distributed to the Seller. The bankruptcy, liquidation, dissolution, death or incapacity of any the Certificateholder shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such the Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: And Restated Trust Agreement (Caterpillar Financial Asset Trust 2004-A)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII and Section 11.08) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. Any money or other property held as part of the Owner Trust Estate following such distribution shall be distributed to the Depositor. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such the Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Caterpillar Financial Funding Corp)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect: (i) upon the final distribution by the Owner Trustee of all monies moneys or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. V or (ii) at the time provided in Section 9.2. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder Certificateholder, other than the Depositor as described in Section 9.2, shall not not: (x) operate to terminate this Agreement or the Trust, (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Case Receivables Ii Inc)

Termination of Trust Agreement. (a) The This Agreement (other than Article VIII and Section 11.09) and the Trust shall dissolve in accordance with Section 3808 terminate and be of the Statutory Trust Act immediately prior to no further force or effect, upon the final distribution by the Owner Trustee of all monies or other property or proceeds of the Owner Trust Estate in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. Any money or other property held as part of the Owner Trust Estate following such distribution shall be distributed to the Seller. The bankruptcy, liquidation, dissolution, death or incapacity of any the Certificateholder shall not (x) operate to terminate this Agreement or the Trust, or (y) entitle such the Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Caterpillar Financial Asset Trust 2005-A)

Termination of Trust Agreement. (a) The Trust Agreement --------------------------------- (other than Article VIII) shall terminate and the Trust shall dissolve in accordance with Section 3808 and be of the Statutory Trust Act immediately prior to no further force or effect upon the final distribution by the Owner Trustee Paying Agent of all monies moneys or other property or proceeds of the Owner Trust Estate whether following the exercise of a Collateral Purchase Option or otherwise and in any case in accordance with the terms of the Indenture, the Sale and Servicing Agreement (including the exercise by the Servicer of its option to purchase the Receivables pursuant to Section 8.01(a) of the Servicing Agreement) and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not (x) operate to terminate this the Trust Agreement or the Trust, Trust or (y) entitle such Certificateholder’s 's legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or the Owner Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto.

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Asset Corp)

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