Acceptance by Indenture Trustee. The Indenture Trustee acknowledges its acceptance, simultaneously with the execution and delivery of this Indenture, of all right, title and interest in and to the Pledged Property on behalf of the Noteholders and the Note Insurer and declares that the Indenture Trustee holds and will hold such right, title and interest for the benefit of all present and future Noteholders and the Note Insurer for the use and purpose and subject to the terms and provisions of this Indenture. The Trust hereby (a) appoints the Indenture Trustee as the Trust's attorney-in-fact with all power independently to enforce all of the Trust's rights against the Originator hereunder, under the Receivables Transfer Agreement and under the Servicing Agreement and (b) directs the Indenture Trustee to enforce such rights. The Indenture Trustee hereby accepts such appointment and agrees to enforce such rights.
Appears in 2 contracts
Samples: Indenture (First Sierra Receivables Iii Inc), Indenture (First Sierra Receivables Iii Inc)
Acceptance by Indenture Trustee. The Indenture Trustee acknowledges its acceptance, simultaneously with the execution and delivery of this Indenture, of all right, title and interest in and to the Pledged Property on behalf of the Noteholders and the Note Insurer Insurer, and declares that the Indenture Trustee holds and will hold such right, title and interest for the benefit of all present and future Noteholders and the Note Insurer Insurer, for the use and purpose and subject to the th terms and provisions of this Indenture. The Trust hereby (ax) appoints the Indenture Trustee as the Trust's attorney-in-fact with all power independently to enforce all of the Trust's rights against the Originator Originators, the Transferors, the Source(s) and the Servicer hereunder, under the Receivables Transfer Agreement Agreements, the Source Agreements and under the Servicing Agreement Agreement, as applicable, and (by) directs the Indenture Trustee to enforce such rights. The Indenture Trustee hereby accepts such appointment and agrees to enforce such rights.
Appears in 1 contract
Samples: Indenture (American Business Financial Services Inc /De/)
Acceptance by Indenture Trustee. The Indenture Trustee acknowledges its acceptance, simultaneously with the execution and delivery of this Indenture, of all right, title and interest in and to the Pledged Property on behalf of the Noteholders and the Note Insurer Insurer, and declares that the Indenture Trustee holds and will hold such right, title and interest for the benefit of all present and future Noteholders and the Note Insurer Insurer, for the use and purpose and subject to the terms and provisions of this Indenture. The Trust hereby (ax) appoints the Indenture Trustee as the Trust's attorney-in-fact with all power independently to enforce all of the Trust's rights against the Originator Originator, the Transferors, the Source(s) and the Servicer hereunder, under the Receivables Transfer Agreement Agreements, the Source Agreements and under the Servicing Agreement Agreement, as applicable, and (by) directs the Indenture Trustee to enforce such rights. The Indenture Trustee hereby accepts such appointment and agrees to enforce such rights.
Appears in 1 contract
Samples: Indenture (Prudential Securities Secured Financing Corp)