Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the Trust, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification of this Agreement.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1997-01), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1997-4), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-3)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the Trusteither REMIC, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification of this Agreement.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Home Equity Securitization Corp), Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Cs First Boston Mortgage Securities Corp /De/)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained (not at the expense of the Trust or the Trustee) an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the TrustUpper-Tier REMIC or the Lower-Tier REMIC, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification amendment of this AgreementAgreement under Section 11.14 hereof.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Equivantage Acceptance Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the TrustTrust (other than the Non-REMIC Accounts), (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification of this Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-4), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-2), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-4)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the REMIC Trust, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification of this Agreement.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1996-3), Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1997-1), Pooling and Servicing Agreement (Accredited Home Lenders Inc)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained (not at the expense of the Trust or the Trustee) an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the Trust, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification amendment of this AgreementAgreement under Section 11.14 hereof.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the REMIC Trust, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Closing Day or (iii) agree to any modification of this Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1996-4)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without 141 155 having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the REMIC Trust, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification of this Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1997-2)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without 107 having obtained (not at the expense of the Trust or the Trustee) an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the Trust, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification amendment of this AgreementAgreement under Section 11.14 hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Additional Limitation on Action and Imposition of Tax. (a) Any provision of this Agreement to the contrary notwithstanding, the Trustee shall not, without having obtained an opinion of counsel experienced in federal income tax matters and reasonably acceptable to the Certificate Insurer, which opinion shall not be at the expense of the Trustee, to the effect that such transaction does not result in a tax imposed on the Trust or cause a termination of REMIC status for the Trusteither REMIC, (i) sell any assets in the Trust Estate, (ii) accept any contribution of assets after the Startup Day or (iii) agree to any modification of this Agreement.. 155
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Access Financial Lending Corp)
