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 Assets may at the time be located or for the purpose of implementing any Swap Agreement as contemplated by Section 10.02, the Indenture Trustee has 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 Assets, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust Assets, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee is required under Section 6.08.
Appears in 2 contracts
Samples: Indenture (Nissan Wholesale Receivables Corp Ii), Nissan Wholesale Receivables Corp Ii
Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located or for the purpose of implementing any Swap Agreement as contemplated by Section 10.02located, the Indenture Trustee has and the power and Issuer, acting jointly, may execute and deliver all instruments to appoint one or more Persons persons approved by the Master Servicer [and the Credit Enhancer ]to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such Person or Personsthem, in such that capacity and for the benefit of the NoteholdersNoteholders [and the Credit Enhancer], such title to the Trust Assets, or any part hereof, andof the Collateral and any rights and obligations the Indenture Trustee considers appropriate, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is required to meet under this Indenture need satisfy the terms of eligibility as requirements for a successor trustee under Section 6.11 6.08, and no notice to Noteholders of the appointment of any co-trustee or separate trustee is shall be required under Section 6.086.09.
Appears in 1 contract
Samples: Indenture (Indymac Abs 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 Assets Estate may at the time be located or for the purpose of implementing any Currency Swap Agreement as contemplated by Section 10.029.02, the Indenture Trustee has 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 AssetsTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust AssetsEstate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders [or the [Swap Counterparty][Cap Provider]] of the appointment of any co-trustee or separate trustee is shall be required under Section 6.086.08 hereof.
Appears in 1 contract
Samples: Nissan Auto Receivables Corp Ii
Appointment of Co-Indenture Trustee or Separate Indenture Trustee. (a) Notwithstanding any other provisions provision of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Assets Collateral may at the time be located or for the purpose of implementing any Swap Agreement as contemplated by Section 10.02located, the Indenture Trustee has and the power Issuer, acting jointly and with the prior written consent of the Credit Enhancer (which consent shall not be unreasonably withheld), may execute and deliver all instruments to appoint one or more Persons persons approved by the Master Servicer and the Credit Enhancer to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust AssetsCollateral, and to vest in such Person or Personsthem, in such that capacity and for the benefit of the NoteholdersSecured Parties, such title to the Trust Assets, or any part hereof, andof the Collateral and any rights and obligations the Indenture Trustee considers appropriate, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is required to meet under this Indenture need satisfy the terms of eligibility as requirements for a successor trustee under Section 6.11 6.08, and no notice to Noteholders of the appointment of any co-trustee or separate trustee is shall be required under Section 6.086.09.
Appears in 1 contract
Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D)
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 Assets Collateral may at the time be located or for the purpose of implementing any Swap Agreement as contemplated by Section 10.02located, the Indenture Trustee has with the consent of the Insurer, which consent shall not be unreasonably withheld, delayed or denied, shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-co trustee or co-co trustees, or separate trustee or separate trustees, of all or any part of the Trust AssetsTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust AssetsCollateral, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-co trustee or separate trustee hereunder is shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-co trustee or separate trustee is shall be required under Section 6.086.08 hereof.
Appears in 1 contract
Samples: Lehman Abs 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 Assets Estate may at the time be located or for the purpose of implementing any Swap Agreement as contemplated by Section 10.02located, the Indenture Trustee has Trustee, with the consent of the Security Insurer (if the Security Insurer is the Controlling Party), 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 AssetsTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust AssetsEstate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee is shall be required under Section 6.086.08 hereof.
Appears in 1 contract
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 Assets Estate may at the time be located or for the purpose of implementing any Currency Swap Agreement as contemplated by Section 10.029.02, the Indenture Trustee has 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 AssetsTrust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust AssetsEstate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders or the Swap Counterparty of the appointment of any co-trustee or separate trustee is shall be required under Section 6.086.08 hereof.
Appears in 1 contract
Samples: Indenture (Nissan Auto Receivables 2008-C Owner Trust)
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 Assets may at the time be located or for the purpose of implementing any Swap Agreement as contemplated by Section 10.02located, the Indenture Trustee has with the consent of the Insurer 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 Assets(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 Noteholders, such title to the Trust AssetsTrust, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder is shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee is shall be required under Section 6.086.8 hereof.
Appears in 1 contract