THE TRUSTEE AND THE SECURITIES ADMINISTRATOR Sample Clauses

THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. Section 9.01 Duties of Trustee and Securities Administrator................................................. 115 Section 9.02 Certain Matters Affecting the Trustee and the Securities Administrator......................... 117 Section 9.03 Neither Trustee nor Securities Administrator Liable for Certificates or Mortgage Loans......... 118 Section 9.04 Trustee and Securities Administrator May Own Certificates...................................... 120 Section 9.05 Eligibility Requirements for Trustee and the Securities Administrator.......................... 120 Section 9.06 Resignation and Removal of Trustee and the Securities Administrator............................ 121 Section 9.07 Successor Trustee or Securities Administrator.................................................. 122 Section 9.08 Merger or Consolidation of Trustee or Securities Administrator................................. 122 Section 9.09 Appointment of Co-Trustee or Separate Trustee.................................................. 123 Section 9.10 Authenticating Agents.......................................................................... 124 Section 9.11 Securities Administrator's Fees and Expenses and Trustee's Fees and Expenses................... 124 Section 9.12
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. Section 9.01 Duties of Trustee and Securities Administrator............... Section 9.02 Certain Matters Affecting the Trustee and the Securities Administrator............................................... Section 9.03 Neither Trustee nor Securities Administrator Liable for Certificates or Mortgage Loans.............................. Section 9.04
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. SECTION 8.01. Duties of the Trustee and the Securities Administrator. 98
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. Section 7.01.
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. Each of the Trustee and the Securities Administrator accepts the amendments to the Indenture effected by this First Supplemental Indenture and agrees to execute the trusts created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture. The Trustee makes no representation as to and shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this First Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Company and the Guarantor. All of the provisions contained in the Indenture in respect of the rights, privileges, immunities, powers, and duties of the Trustee shall be applicable in respect of this First Supplemental Indenture as fully and with like force and effect as though fully set forth in full herein.
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. Section 8.01. Duties of the Trustee and the Securities Administrator 108 Section 8.02. Certain Matters Affecting the Trustee and the Securities Administrator 109 Section 8.03. Trustee and the Securities Administrator Not Liable for Certificates or Mortgage Loans 111 Section 8.04. Trustee, Custodian and Servicer May Own Certificates 112 Section 8.05. Trustee’s and Securities Administrator’s Fees and Expenses; Indemnification of Trustee 112 Section 8.06. Eligibility Requirements for Trustee 112 Section 8.07. Resignation or Removal of Trustee 113 Section 8.08. Successor Trustee 113 Section 8.09. Merger or Consolidation of Trustee 114 Section 8.10. Appointment of Co-Trustee or Separate Trustee 114 Section 8.11. Limitation of Liability 115 Section 8.12. Trustee May Enforce Claims Without Possession of Certificates 116 Section 8.13. Suits for Enforcement 116 Section 8.14. Waiver of Bond Requirement 116 Section 8.15. Waiver of Inventory, Accounting and Appraisal Requirement 116 Section 8.16. Appointment of Custodians 117 Section 8.17. No Solicitations 117 Section 8.18. Trustee to Retain Possession of Certain Insurance Policies and Documents 118 ARTICLE IX REMIC ADMINISTRATION Section 9.01. REMIC Administration 118 Section 9.02. Prohibited Transactions and Activities 120 ARTICLE X THE SELLERS, THE SERVICER, THE MASTER SERVICER , THE SECURITIES ADMINISTRATOR AND THE DEPOSITOR Section 10.01. Liability of the Sellers, the Servicer, the Master Servicer, the Securities Administrator and the Depositor 120 Section 10.02.
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. Each of the Trustee and the Securities Administrator accepts the amendments to the Indenture effected by this First Supplemental Indenture upon the terms and conditions set forth in the Indenture. The Trustee makes no representation as to and shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this First Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Company and the Guarantor. All of the provisions contained in the Indenture in respect of the rights, privileges, immunities, powers, and duties of the Trustee shall be applicable in respect of this First Supplemental Indenture as fully and with like force and effect as though fully set forth in full herein.
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR. SECTION 8.01. Duties of the Trustee and the Securities Administrator. The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, and the Securities Administrator each undertake to perform such duties and only such duties as are specifically set forth in this Agreement. If an Event of Default has occurred (which has not been cured or waived) of which a Responsible Officer has actual knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs unless the Trustee is acting as successor Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereunder. Each of the Trustee and the Securities Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee and the Securities Administrator, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they conform to the requirements of this Agreement; provided, however, that neither the Trustee nor the Securities Administrator will be responsible for the accuracy or content of any such resolutions, certificates, statements, opinions, reports, documents or other instruments. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, the Trustee and the Securities Administrator shall take such action as it deems appropriate to have the instrument corrected. On each Distribution Date, the Securities Administrator, as Paying Agent, shall make monthly distributions and the final distribution to the Certificateholders from funds in the Distribution Account as provided in Sections 5.01 and 10.01 herein. No provision of this Agreement shall be construed to relieve the Trustee or the Securities Administrator from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:
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THE TRUSTEE AND THE SECURITIES ADMINISTRATOR 
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Related to THE TRUSTEE AND THE SECURITIES ADMINISTRATOR

  • CONCERNING THE TRUSTEE AND THE SECURITIES ADMINISTRATOR Section 8.1

  • Duties of Trustee and the Securities Administrator (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator each undertake to perform their respective duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee and the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator, as the case may be. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee shall exercise such of the rights and powers vested in it by this Agreement and use the same degree of care and skill in their exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person’s own affairs.

  • Certain Matters Affecting the Trustee and the Securities Administrator Except as otherwise provided in Section 6.01:

  • Concerning the Trustee and the Securities Administrator Events of Default SECTION 6.01 Duties of Trustee and the Securities Administrator.

  • Resignation and Removal of Trustee and the Securities Administrator (a) Each of the Trustee and the Securities Administrator may at any time resign and be discharged from the trust hereby created by giving 60 days’ written notice thereof to the Trustee or the Securities Administrator, as applicable, the Depositor and the Master Servicer. Upon receiving such notice of resignation, the Depositor will promptly appoint a successor trustee or a successor securities administrator, as applicable, by written instrument, one copy of which instrument shall be delivered to the resigning Trustee or resigning Securities Administrator, as applicable, one copy to the successor trustee or successor securities administrator, as applicable, and one copy to the Master Servicer. If no successor trustee or successor securities administrator shall have been so appointed and shall have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee or resigning Securities Administrator, as applicable, may petition any court of competent jurisdiction for the appointment of a successor trustee or successor securities administrator, as applicable. In the case of any such resignation by the Securities Administrator, if no successor securities administrator shall have been appointed and shall have accepted appointment within 60 days after the Securities Administrator ceases to be the Securities Administrator pursuant to this Section 6.06, then the Trustee shall perform the duties of the Securities Administrator pursuant to this Agreement and shall be entitled to the fees of the Securities Administrator for so long as the Trustee performs such duties; provided, however, that the Trustee may engage a qualified entity to perform the duties of the Securities Administrator under Sections 6.21, 6.22, 6.23, 6.24 and 11.16 of this Agreement. The successor trustee shall notify each Rating Agency through the Rule 17g-5 Information Provider, the Servicers, the Servicing Administrator and the Master Servicer of any change of Trustee and the successor securities administrator shall notify each Rating Agency through the Rule 17g-5 Information Provider, the Servicers, the Servicing Administrator and the Master Servicer of any change of Securities Administrator.

  • Duties of Trustee and Securities Administrator The Trustee, prior to the occurrence of a Master Servicer Event of Default and after the curing or waiver of all Master Servicer Events of Default which may have occurred, and the Securities Administrator each undertake to perform such duties and only such duties as are specifically set forth in this Agreement as duties of the Trustee and the Securities Administrator, respectively. During the continuance of a Master Servicer Event of Default, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. Any permissive right of the Trustee enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Securities Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to it, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they conform to the requirements of this Agreement. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, the Trustee or the Securities Administrator, as the case may be, shall take such action as it deems appropriate to have the instrument corrected, and if the instrument is not corrected to its satisfaction, the Securities Administrator will provide notice to the Trustee thereof and the Trustee will provide notice to the Certificateholders. The Trustee shall promptly remit to the Servicer any complaint, claim, demand, notice or other document (collectively, the “Notices”) delivered to the Trustee as a consequence of the assignment of any Mortgage Loan hereunder and relating to the servicing of the Mortgage Loans; provided than any such notice (i) is delivered to the Trustee at its Corporate Trust Office, (ii) contains information sufficient to permit the Trustee to make a determination that the real property to which such document relates is a Mortgaged Property. The Trustee shall have no duty hereunder with respect to any Notice it may receive or which may be alleged to have been delivered to or served upon it unless such Notice is delivered to it or served upon it at its Corporate Trust Office and such Notice contains the information required pursuant to clause (ii) of the preceding sentence. No provision of this Agreement shall be construed to relieve the Trustee or the Securities Administrator from liability for its own negligent action, its own negligent failure to act or its own misconduct; provided, however, that:

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