Common use of ACCEPTANCE OF CAP CONTRACTS BY INDENTURE TRUSTEE Clause in Contracts

ACCEPTANCE OF CAP CONTRACTS BY INDENTURE TRUSTEE. The Issuer hereby directs the Indenture Trustee to execute, deliver and perform its obligations under the Cap Contracts on the Closing Date and thereafter on behalf of the Holders of the Notes. The Issuer and the Holders of the Notes by their acceptance of such Notes acknowledge and agree that the Indenture Trustee shall execute, deliver and perform its obligations under the Cap Contracts and shall do so solely in its capacity as Indenture Trustee of the Trust and not in its individual capacity. The Indenture Trustee acknowledges receipt of the Cap Contracts and declares that it holds and will continue to hold these documents and any amendments, replacements or supplements thereto and all other assets of the Trust Estate as Indenture Trustee in trust for the use and benefit of all present and future Holders of the Notes. Every provision of this Indenture affording protection to the Indenture Trustee shall apply to the Indenture Trustee's execution of the Cap Contracts and the performance of its duties and satisfaction of its obligations thereunder.

ACCEPTANCE OF CAP CONTRACTS BY INDENTURE TRUSTEE. The Issuer hereby directs the Indenture Trustee to execute, deliver and perform its obligations under the Cap Contracts on the Closing Date and thereafter on behalf of the Holders of the Notes. The Issuer and the Holders of the Notes by their acceptance of such Notes acknowledge and agree that the Indenture Trustee shall execute, deliver and perform its obligations under the Cap Contracts and shall do so solely in its capacity as Indenture Trustee of the Trust and not in its individual capacity. The Indenture Trustee acknowledges receipt of the Cap Contracts and declares that it holds and will continue to hold these documents and any amendments, replacements or supplements thereto and all other assets of the Trust Estate as Indenture Trustee in trust for the use and benefit of all present and future Holders of the Notes. Every provision of this Indenture affording protection to the Indenture Trustee shall apply to the Indenture Trustee's ’s execution of the Cap Contracts and the performance of its duties and satisfaction of its obligations thereunder.

ACCEPTANCE OF CAP CONTRACTS BY INDENTURE TRUSTEE. The Issuer hereby directs the Indenture Trustee to execute, deliver and perform its obligations under the Cap Contracts on the Closing Date and thereafter on behalf of the Holders of the Group II Notes and the Mezzanine Notes. The Issuer and the Holders of the Group II Notes and the Mezzanine Notes by their acceptance of such Notes acknowledge and agree that the Indenture Trustee shall execute, deliver and perform its obligations under the Cap Contracts and shall do so solely in its capacity as Indenture Trustee of the Trust and not in its individual capacity. The Indenture Trustee acknowledges receipt of the Cap Contracts and declares that it holds and will continue to hold these documents and any amendments, replacements or supplements thereto and all other assets of the Trust Estate as Indenture Trustee in trust for the use and benefit of all present and future Holders of the Notes. Every provision of this Indenture affording protection to the Indenture Trustee shall apply to the Indenture Trustee's execution of the Cap Contracts and the performance of its duties and satisfaction of its obligations thereunder.