Common use of Trustee May Enforce Claims Without Possession of Certificates Clause in Contracts

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit or the Certificateholders in respect of which such judgment has been recovered.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Lehman Abs Corp)

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Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such proceeding preceding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit or the Certificateholders in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc), Trust Agreement (American Residential Eagle Inc), Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Trust Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders in respect of which such judgment has been recovered.

Appears in 8 contracts

Samples: Trust Agreement (Saxon Asset Securities Co), Underwriting Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp), Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp), Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders in respect of which such judgment has been recovered[and the Certificate Insurer].

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (Household Mortgage Funding Corp Iii)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this any Pooling and Servicing Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders Holders in respect of which such judgment has been recoveredobtained.

Appears in 3 contracts

Samples: Pooling Agreement (Core Mark International Inc), Pooling Agreement (Rykoff Sexton Inc), Pooling Agreement (Wesco Distribution Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Pooled Auto Securities Shelf LLC), Pooling and Servicing Agreement (American Honda Receivables Corp), Pooling and Servicing Agreement (Honda Auto Receivables 1996-a Grantor Trust)

Trustee May Enforce Claims Without Possession of Certificates. 105 All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp), Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement 72 disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Auto Receivables Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders in respect of which such judgment has been recoveredobtained. SECTION 9.14.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Triad Financial Corp)

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Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such proceeding preceding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement 154 161 and advances of the Trustee, its agents and counsel, be for the ratable benefit or the Certificateholders in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or the Certificateholders in respect of which such judgment has been recovered.the

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National City Credit Card Master Trust)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates of the Trust may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the related Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates of a Trust may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit or of the related Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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