Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 121 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2021-4), Trust Agreement (Exeter Automobile Receivables Trust 2021-3), Trust Agreement (Exeter Automobile Receivables Trust 2021-3)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 96 contracts
Samples: Trust Agreement (World Omni Auto Receivables Trust 2016-A), Trust Agreement (World Omni Auto Receivables Trust 2016-A), Trust Agreement (World Omni Auto Receivables LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 92 contracts
Samples: Trust Agreement (Hyundai Auto Receivables Trust 2023-C), Trust Agreement (Hyundai Auto Receivables Trust 2023-C), Trust Agreement (Hyundai Auto Receivables Trust 2023-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Seller and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Seller and the Owner Trustee may consider necessary or desirable. If the Servicer Seller shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 89 contracts
Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons Person(s) approved by the Owner Trustee to act as co-trusteetrustee(s), jointly with the Owner Trustee, or separate trustee or separate trusteestrustee(s), of all or any part of the Owner Trust Estate, and to vest in such PersonPerson(s), in such capacitycapacity and for the benefit of the Certificateholders, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 77 contracts
Samples: Trust Agreement (CNH Equipment Trust 2024-C), Trust Agreement (CNH Equipment Trust 2024-B), Trust Agreement (CNH Equipment Trust 2024-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Securitization Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 64 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request to do so, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 61 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (AmeriCredit Automobile Receivables Trust 2024-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 25 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 52 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Holding Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Holding Trust Estate, and to vest in such Person, in such capacity, such title to the Holding Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 40 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle financed Motorcycle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 39 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 38 contracts
Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 25 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 35 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Closed-End Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 35 contracts
Samples: Trust Agreement (World Omni LT), Trust Agreement (World Omni LT), Trust Agreement (World Omni LT)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 25 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 32 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2015-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2015-C Owner Trust), Trust Agreement (Toyota Auto Finance Receivables LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Transferor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Transferor and the Owner Trustee may consider necessary or desirable. If the Servicer Transferor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 31 contracts
Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Vw Credit Leasing LTD)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustOwner Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 29 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 23 contracts
Samples: Trust Agreement (John Deere Receivables, Inc.), Trust Agreement (John Deere Owner Trust 2015-B), Trust Agreement (John Deere Owner Trust 2014-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle financed Motorcycle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 22 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2022-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2022-A), Trust Agreement (Harley-Davidson Customer Funding Corp.)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Seller and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Servicer Seller and the Owner Trustee may consider necessary or desirable. If the Servicer Seller shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 18 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint at the expense of the Depositor one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Owner Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 18 contracts
Samples: Trust Agreement (Chase Credit Card Owner Trust 2001-5), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator, the Insurer and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee and the Insurer shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee, provided that such co-trustee pursuant or successor trustee must be acceptable to Section 9.1 the Rating Agencies and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.03.
Appears in 17 contracts
Samples: Trust Agreement (Onyx Acceptance Owner Trust 2005-A), Trust Agreement (Onyx Acceptance Owner Trust 2005-B), Trust Agreement (Onyx Acceptance Financial Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 16 contracts
Samples: Trust Agreement (Capital One Prime Auto Receivables Trust 2023-2), Trust Agreement (Capital One Prime Auto Receivables Trust 2023-2), Trust Agreement (Capital One Prime Auto Receivables Trust 2023-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall at any time have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 15 contracts
Samples: Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Owner Trust 2001-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 14 contracts
Samples: Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2023-A)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Holders, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 9.13, such powers, duties, obligations, rights rights, and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner or in case a Servicer Termination Event shall have occurred and be continuing, Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.9 and no notice to Holders of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.11. Each separate trustee and Notwithstanding the appointment of a co-trustee shallor separate trustee hereunder, to the extent permitted by law, Trustee shall not be appointed and act subject to the following provisions and conditions:relieved of any of its obligations under this Agreement.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Citizens Auto Receivables, LLC), Pooling and Servicing Agreement (Bas Securitization LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 25 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:
Appears in 13 contracts
Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Auto Finance Receivables LLC), Trust Agreement (Toyota Motor Credit Receivables Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall at any time have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 12 contracts
Samples: Trust Agreement (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Owner Trust 2002-5)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle of the Dealers may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 6.13 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:6.10.
Appears in 12 contracts
Samples: Trust Agreement, Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Auto Receivables Trust 2018-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 11 contracts
Samples: Trust Agreement (J P Morgan Acceptance Corp I), Trust Agreement (Chase Funding Inc), Trust Agreement (Equity One Abs Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee and the Security Insurer to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateProperty, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee Trustee, subject to the approval of the Security Insurer, shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.2. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 9 contracts
Samples: Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle financed Motorcycle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 9 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2024-B), Trust Agreement (Harley-Davidson Motorcycle Trust 2024-B), Trust Agreement (Harley-Davidson Motorcycle Trust 2024-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle financed Equipment may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 9 contracts
Samples: Trust Agreement (Heller Funding Corp), Trust Agreement (Orix Credit Alliance Receivables Trust 2000-A), Trust Agreement (Orix Credit Alliance Receivables Trust 2000 B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 8 contracts
Samples: Trust Agreement (Fifth Third Auto Trust 2017-1), Trust Agreement (Fifth Third Auto Trust 2017-1), Trust Agreement (Huntington Auto Trust 2016-1)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint at the expense of the Depositor one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Owner Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.1, and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 8 contracts
Samples: Trust Agreement (Target Credit Card Owner Trust 2005-1), Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Credit Card Master Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateProperty, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall shall, with the consent of the Majority Noteholders, have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 8 contracts
Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trusteestrustee, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustOwner Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 7 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2008-A), Trust Agreement (Caterpillar Financial Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Company and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Company and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Company and the Owner Trustee may consider necessary or desirable. If the Servicer Company shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Owner Trustee under Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 7 contracts
Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Bond Securitization LLC), Form of Trust Agreement (Asset Backed Securities Corp)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Trust Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Trust Depositor and the Owner Trustee acting jointly shall have the power and shall authority to execute and deliver all instruments to appoint one or more Persons approved by the Trust Depositor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust Estate or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Trust Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Trust Depositor shall not have joined in such appointment within 15 days Business Days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power power, authority and authorization to make such appointment. No co-trustee or separate trustee under this Trust Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.03.
Appears in 7 contracts
Samples: Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Hercules Capital, Inc.)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 6 contracts
Samples: Trust Agreement (Fifth Third Holdings Funding, LLC), Trust Agreement (Fifth Third Auto Trust 2015-1), Trust Agreement (Fifth Third Auto Trust 2014-3)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator, the Insurer and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee and the Insurer shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee, provided that such co-trustee pursuant or successor trustee must be acceptable to Section 9.1 the Rating Agencies and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.03.
Appears in 6 contracts
Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Transferor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by each of the Transferor and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Transferor and the Owner Trustee may consider necessary or desirable. If the Servicer Transferor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 6 contracts
Samples: Trust Agreement (Household Consumer Loan Corp Ii), Trust Agreement (Household Credit Card Master Note Trust I), Trust Agreement (Hrsi Funding Inc Ii)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, or in the case an Event of Default shall have occurred and be continuing, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.09 and no notice of a successor Trustee pursuant to Section 9.11 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.11. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Seller and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Seller and the Owner Trustee may consider necessary or desirable. If the Servicer Seller shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 6 contracts
Samples: Trust Agreement (Caterpillar Financial Asset Trust 2005-A), And Restated Trust Agreement (Caterpillar Financial Asset Trust 2004-A), Trust Agreement (Caterpillar Financial Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustOwner Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee subject, alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 5 contracts
Samples: Trust Agreement (Franklin Auto Trust 2007-1), Trust Agreement (Franklin Auto Trust 2005-1), Trust Agreement (Franklin Receivables LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 5 contracts
Samples: Trust Agreement (Capital One Auto Receivables Trust 2001-B), Trust Agreement (Capital One Auto Finance Trust 2002-A), Trust Agreement (Capital One Auto Receivables LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Asset may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights rights, and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Trustee pursuant to Section 9.1 10.06 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.08. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc), Pooling and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Pooling and Servicing Agreement (Ml Asset Backed Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee and the Controlling Party to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 5 contracts
Samples: Trust Agreement (Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables Trust 2007-3), Trust Agreement (Santander Drive Auto Receivables Trust 2007-2)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacity, such title to the TrustOwner Trust Estate, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 4 contracts
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two L P)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Collateral may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 [ ] days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 4 contracts
Samples: Trust Agreement (BLG Securities Company, LLC), Trust Agreement (HMB Acceptance Corp.), Trust Agreement (HMB Acceptance Corp.)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle of the Dealers may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 6.13 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:6.10.
Appears in 3 contracts
Samples: Trust Agreement (Huntington Auto Trust 2012-2), Trust Agreement (Huntington Funding, LLC), Trust Agreement (Huntington Auto Trust 2012-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall will have the power and shall will execute and deliver all instruments to appoint one or more Persons approved by each of the Administrator and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer shall Administrator has not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall alone will have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall will be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01 and no notice of the appointment of any co-trustee or separate trustee shall will be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shallwill, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Ford Credit Floorplan LLC), Trust Agreement (Ford Credit Floorplan LLC), Trust Agreement (Ford Credit Auto Receivables LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Metlife Capital Equipment Loan Trusts), Trust Agreement (Metlife Capital Equipment Loan Trusts), Trust Agreement (Metlife Capital Equipment Loan Trusts)
Appointment of Co-Trustee or Separate Trustee. (a) Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 6.12, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 6.13 and no notice of the appointment of any co-co- trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:6.10.
Appears in 3 contracts
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Mortgaged Property may at the time be located, the Master Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Master Servicer and the Owner Trustee may consider necessary or desirable. If the Master Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Depositor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this SectionSection , such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Morgan Stanley Abs Capital I Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in any such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-co- trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Trustee pursuant to Section 9.1 10.06 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.08. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2016-B Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement, Trust Agreement (Mercedes-Benz Auto Lease Trust 2016-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2016-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee and the Controlling Party to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateProperty, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall shall, with the consent of the Controlling Party, have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator, the Insurer and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee and the Insurer shall have the power to make such appointment. No co-co- trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor Owner Trustee, provided that such co-trustee pursuant or successor trustee must be acceptable to Section 9.1 the Rating Agencies and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:10.03.
Appears in 3 contracts
Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, Trustee or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacitycapacity and for the benefit of the Noteholders and the Note Insurer, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, or in the case a Servicer Default shall have occurred and be continuing, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.09 and no notice of a successor Trustee pursuant to Section 9.11 and no notice to Noteholders or the Note Insurer of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.11. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 3 contracts
Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2023-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2023-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSection 10.5, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (M&i Dealer Auto Securitization LLC), Trust Agreement (M&i Dealer Auto Securitization LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 201[__]-[__] Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Daimler Trust), Trust Agreement (Daimler Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2018-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2017-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2017-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2017-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee and the Security Insurer to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateProperty, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee Trustee, subject to the approval of the Security Insurer, shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.1. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Olympic Receivables Finance Corp), Trust Agreement (Olympic Receivables Finance Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2020-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2020-B Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Assets may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall will have the power and shall will execute and deliver all instruments to appoint one or more Persons approved by each of the Administrator and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateAssets, and to vest in such Person, in such capacity, such title to the TrustTrust Assets, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer shall Administrator has not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall alone will have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall will be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01 and no notice of the appointment of any co-trustee or separate trustee shall will be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shallwill, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Wholesale Receivables Corp Ii), Trust Agreement (Nissan Wholesale Receivables Corp Ii)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate Property or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee and the Note Insurer to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateProperty, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall have the power to make such appointmentappointment with the consent of the Note Insurer. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (United Fidelity Finance LLC), Trust Agreement (United Fidelity Auto Receivables Trust 2002-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Transferor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by each of the Transferor and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Transferor and the Owner Trustee may consider necessary or desirable. If the Servicer Transferor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01, and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nordstrom Credit Inc), Note Purchase Agreement (Bon Ton Stores Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2024-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2024-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2024-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in any such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Trustee pursuant to Section 9.1 10.06 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.08. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2019-B Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 SECTION 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3SECTION 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by each of the Administrator and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Owner Trust, or any part thereof, and, subject to the other provisions of this SectionSection 9.05, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Conseco Finance Credit Card Funding Corp), Trust Agreement (Conseco Finance Credit Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2016-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2016-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2016-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2021-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2021-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2021-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Transferor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the each of Transferor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this SectionSECTION 9.5, such powers, duties, obligations, rights and trusts as the Servicer Transferor and the Owner Trustee may consider necessary or desirable. If the Servicer Transferor shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No no co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section SECTION 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section SECTION 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (World Financial Network Credit Card Master Trust), Trust Agreement (World Financial Network Credit Card Master Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer 28 (NALT 2020-B Amended and Restated Trust Agreement) Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuing Entity, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 20[__]-[_] Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Daimler Trust), Trust Agreement (Daimler Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Seller and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Seller and the Owner Trustee may consider necessary or desirable. If the Servicer Seller shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 SECTION 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3SECTION 10.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Equipment may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall may execute and deliver all instruments to appoint one or more Persons Person(s) approved by the Owner Trustee to act as co-trusteeco- trustee(s), jointly with the Owner Trustee, or separate trustee or separate trusteestrustee(s), of all or any part of the Owner Trust Estate, and to vest in such PersonPerson(s), in such capacitycapacity and for the benefit of the Certificateholders, such title to the TrustTrust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (CNH Capital Receivables Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuing Entity, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts 26 (NALT 2014-B Amended and Restated Trust Agreement) as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2014-B), Trust Agreement (Nissan Auto Lease Trust 2014-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Assets may at the time be located, the Servicer Transferor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by each of the Transferor and the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateAssets, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Transferor and the Owner Trustee may consider necessary or desirable. If the Servicer Transferor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 9.01, and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.39.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nordstrom Inc), Trust Agreement (Nordstrom Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuing Entity, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts 26 (NALT 2015-A Amended and Restated Trust Agreement) as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2015-A), Trust Agreement (Nissan Auto Lease Trust 2015-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2018-B Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2019-A Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, Amended & Restated Trust Agreement the Servicer Seller and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Seller and the Owner Trustee may consider necessary or desirable. If the Servicer Seller shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2012-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2012-1)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuer, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 25 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:: 29 (NAROT 2023-B Amended & Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 fifteen (15) days after the receipt by it of a request to do so, the Owner Trustee shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed 2024-B Vehicle may at the time be located, the Servicer Administrator and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Administrator and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Issuer or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Administrator and the Owner Trustee may consider necessary or desirable. If the Servicer Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2024-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2024-B)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights rights, and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Trustee pursuant to Section 9.1 10.06 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.08. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Ii Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Inc)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuing Entity, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts 27 (NALT 2016-A Amended and Restated Trust Agreement) as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2016-A), Trust Agreement (Nissan Auto Lease Trust 2016-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle Asset may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Depositor and Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or as separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the Trust, Trust or any part thereof, thereof and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee Owner Trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuing Entity, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts 26 (NALT 2014-A Amended and Restated Trust Agreement) as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2014-A), Trust Agreement (Nissan Auto Lease Trust 2014-A)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions of this the Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust EstateTrust, and to vest in such Person, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Servicer and the Owner Trustee may consider necessary or desirable. If the Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do sodo, or in the case an Event of Default shall have occurred and be continuing, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this the Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 19.09 and no notice of a successor Trustee pursuant to Section 19.11 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.319.11. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Honda Receivables Corp), Pooling and Servicing Agreement (Honda Auto Receivables 1996-a Grantor Trust)
Appointment of Co-Trustee or Separate Trustee. Notwithstanding any other provisions provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Owner Trust Estate or any Financed Vehicle may at the time be located, the Servicer Depositor and the Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Owner Trustee to act as co-trustee, jointly with the Owner Trustee, or separate trustee or separate trustees, of all or any part of the Owner Trust Estate, and to vest in such Person, in such capacity, such title to the TrustIssuing Entity, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts 26 (NALT 2015-B Amended and Restated Trust Agreement) as the Servicer Depositor and the Owner Trustee may consider necessary or desirable. If the Servicer Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request to do so, the Owner Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 9.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 9.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2015-B), Trust Agreement (Nissan Auto Lease Trust 2015-B)
