Common use of Appointment of Co-Indenture Trustee or Separate Indenture Trustee Clause in Contracts

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond Insurer, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof.

Appears in 12 contracts

Samples: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Indenture (Imh Assets Corp), Servicing Agreement (Imh Assets Corp Impact CMB Trust Series 2002-7)

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Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate Pledged Assets may at the time be located, the Indenture Trustee shall have the power and may execute and deliver at any time all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstatePledged Assets, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust Estate, Pledged Assets or any part hereof, thereof and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof 6.11, and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereofbut notice shall be given to each Applicable Series Enhancer.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC), Purchase Agreement (Realogy Corp)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions pro- visions of this Indenture, at any time, for the purpose of meeting meet- ing any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond Insurer, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and notice to to, and the consent of, the Bond Insurer (but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereofrequired.

Appears in 2 contracts

Samples: Indenture (Novastar Mortgage Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders Noteholders and the Bond Note Insurer, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligationsobli gations, rights and trusts as the Indenture Trustee or the Bond Note Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and notice to to, and the Bond consent of, the Note Insurer (but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the BondholdersNoteholders) of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereofrequired.

Appears in 2 contracts

Samples: Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Merrill Lynch Mortgage Investors Inc)

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Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting meet ing any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond Insurer, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and notice to to, and the consent of, the Bond Insurer (but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereofrequired.

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust (including, for purposes of this Section 6.10, all or any part of the Trust Estate), and to vest in such Person or Persons, in such capacity and for the benefit of the Bondholders and the Bond InsurerNoteholders, such title to the Trust EstateTrust, or any part hereof, and, subject to the other provisions of this SectionSection 6.10, such powers, duties, obligations, rights and trusts as the Indenture Trustee or the Bond Insurer may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 hereof and no notice to the Bond Insurer but not to the Bondholders (unless a Bond Insurer Default exists, in which case notice will be sent to the Bondholders) Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof6.08. The Indenture Trustee shall remain primarily liable for the actions of any co-trustee. In the event that a co-trustee is appointed at the request of the Master Servicer, the fees and expenses of such co-trustee shall be paid by the Master Servicer.

Appears in 1 contract

Samples: Indenture (Morgan Stanley Abs Capital I Inc)

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