Additional Duties. (i) In addition to the duties of the Administrator set forth above, the Administrator shall perform, or cause to be performed, its duties and obligations and the duties and obligations of the Delaware Trustee on behalf of the Issuer under the Trust Agreement. (ii) In furtherance of the foregoing, the Issuer shall execute and deliver to the Administrator and to each successor Administrator appointed pursuant to the terms hereof, one or more powers of attorney substantially in the form of Exhibit A hereto, appointing the Administrator the attorney-in-fact of the Issuer for the purpose of executing on behalf of the Issuer all such documents, reports, filings, instruments, certificates and opinions. (iii) In carrying out the foregoing duties or any of its other obligations under this Administration Agreement, the Administrator may enter into transactions or otherwise deal with any of its affiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer or the Delaware Trustee and shall be, in the Administrator's opinion, no less favorable to the Issuer than would be available from unaffiliated parties. (iv) In carrying out any of its obligations under this Administration Agreement, the Administrator may act either directly or through agents, attorneys, accountants, independent contractors or auditors and enter into agreements with any of them.
Appears in 18 contracts
Samples: Administration Agreement (Gmac Elf LLC), Administration Agreement (Nelnet Student Loan Funding LLC), Administration Agreement (Nelnet Student Loan Funding LLC)
Additional Duties. (ia) In addition to the duties of the Administrator set forth above, the Administrator shall perform(1) undertake such other administrative services as may be appropriate, necessary or cause requested by the Bond Issuer (including with respect to be performedthe Trust) and (2) provide such other services as are incidental to those set forth in Section 1.02 (in each case, its duties including with respect to the Trust) or this Section 1.03 or as the Bond Issuer and obligations Administrator may agree (including with respect to the Trust). Subject to Section 5.01 of this Agreement, and in accordance with the directions of the Bond Issuer, the Administrator shall administer, perform or supervise the performance of such other activities in connection with the Collateral and the duties and obligations Related Agreements as are not covered by any of the Delaware Trustee on behalf foregoing provisions and as are expressly requested by the Bond Issuer and are reasonably within the capability of the Issuer under the Trust AgreementAdministrator.
(ii) In furtherance of the foregoing, the Issuer shall execute and deliver to the Administrator and to each successor Administrator appointed pursuant to the terms hereof, one or more powers of attorney substantially in the form of Exhibit A hereto, appointing the Administrator the attorney-in-fact of the Issuer for the purpose of executing on behalf of the Issuer all such documents, reports, filings, instruments, certificates and opinions.
(iiib) In carrying out the foregoing duties or any of its other obligations under this Administration Agreement, the Administrator may enter into transactions with or otherwise deal with any of its affiliatesAffiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer or the Delaware Trustee and shall be, in the Administrator's ’s reasonable opinion, no less favorable to the Bond Issuer than would be available from unaffiliated parties.
(ivc) In carrying out any of its obligations providing the services under this Article I and as otherwise provided under this Administration Agreement, the Administrator may act either directly will not knowingly take any actions on behalf of the Bond Issuer which (i) the Bond Issuer is prohibited from taking under the Related Agreements, or through agents(ii) would cause the Bond Issuer to be in violation of any federal, attorneysstate or local law or the LLC Agreement.
(d) In performing its duties hereunder, accountantsthe Administrator shall use the same degree of care and diligence that the Administrator exercises with respect to performing such duties for its own account and, independent contractors or auditors and enter into agreements with any of themif applicable, for others.
Appears in 5 contracts
Samples: Administration Agreement, Administration Agreement (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Administration Agreement (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Additional Duties. (i) In addition to the duties of the Administrator set forth above, the Administrator shall perform, or cause to be performed, its duties and obligations and the duties and obligations of the Delaware Trustee on behalf of the Issuer under the Trust Agreement.
(ii) In furtherance of the foregoing, the Issuer shall execute and deliver to the Administrator and to each successor Administrator appointed pursuant to the terms hereof, one or more powers of attorney substantially in the form of Exhibit A hereto, appointing the Administrator the attorney-in-fact of the Issuer for the purpose of executing on behalf of the Issuer all such documents, reports, filings, instruments, certificates and opinions.
(iii) In carrying out the foregoing duties or any of its other obligations under this Administration Agreement, the Administrator may enter into transactions or otherwise deal with any of its affiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer or the Delaware Trustee and shall be, in the Administrator's ’s opinion, no less favorable to the Issuer than would be available from unaffiliated parties.
(iv) In carrying out any of its obligations under this Administration Agreement, the Administrator may act either directly or through agents, attorneys, accountants, independent contractors or auditors and enter into agreements with any of them.
Appears in 3 contracts
Samples: Administration Agreement (Gmac Elf LLC), Administration Agreement (Goal Capital Funding, LLC), Administration Agreement (Nelnet Student Loan Trust 2009-2)
Additional Duties. (i) In addition to the duties of the Administrator set forth above, the Administrator shall perform, or cause to be performed, its duties and obligations and the duties and obligations of the Delaware Trustee on behalf of the Issuer under the Trust Agreement.
(ii) In furtherance of the foregoing, the Issuer shall execute and deliver to the Administrator and to each successor Administrator appointed pursuant to the terms hereof, one or more powers of attorney substantially in the form of Exhibit A hereto, appointing the Administrator the attorney-in-fact of the Issuer for the purpose of executing on behalf of each of the Issuer all such documents, reports, filings, instruments, certificates and opinions.
(iii) In carrying out the foregoing duties or any of its other obligations under this Administration Agreement, the Administrator may enter into transactions or otherwise deal with any of its affiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer or the Delaware Trustee and shall be, in the Administrator's opinion, no less favorable to the Issuer than would be available from unaffiliated parties.
(iv) In carrying out any of its obligations under this Administration Agreement, the Administrator may act either directly or through agents, attorneys, accountants, independent contractors or auditors and enter into agreements with any of them.
Appears in 2 contracts
Samples: Administration Agreement (Nelnet Student Loan Funding LLC), Administration Agreement (Nelnet Student Loan Funding LLC)