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

Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any Trust Asset may at the time be located, the Servicer with respect to the applicable beneficial interest and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by such Servicer and Trustee to act as co-trustee, jointly with such Trustee, or as a separate trustee or nominee, of all or any part of the Trust, and to vest in such Person, in such capacity and for the benefit of the holder of the Certificate representing such beneficial interest and its permitted assignee(s), such title to the Trust Assets, or any part thereof, and, subject to the other provisions of this Section 6.6, such powers, duties, obligations, rights and trusts as such Persons may consider necessary or desirable. No co-trustee, separate trustee, or nominee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 6.2, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets under this Agreement may be the Initial Beneficiary or any Affiliate thereof.

Appears in 4 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 Underwritten Funding LLC)

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Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any Trust Asset may at the time be located, the related Series Servicer with respect to the applicable beneficial interest and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by such Series Servicer and Trustee to act as co-trustee, jointly with such Trustee, or as a separate trustee or nominee, of all or any part of the Titling Trust, and to vest in such Person, in such capacity and for the benefit of the holder of the Certificate representing such beneficial interest related Certificateholder and its their permitted assignee(s), such title to the Trust Assets, or any part thereof, and, subject to the other provisions of this Section 6.6, such powers, duties, obligations, rights and trusts as such Persons may consider necessary or desirable. No co-trustee, separate trustee, or nominee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 6.2, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets under this Agreement may be the Initial Beneficiary Settlor or any Affiliate thereof.

Appears in 3 contracts

Samples: Trust Agreement (ACAR Leasing Ltd.), Trust Agreement (ACAR Leasing Ltd.), Trust Agreement (ACAR Leasing Ltd.)

Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any Trust Asset may at the time be located, the Servicer with respect to the applicable beneficial interest and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by such Servicer and Trustee and, if any, the related SUBI Control Party (to the extent such Trust Assets are allocated to a related SUBI Portfolio), to act as co-trustee, jointly with such Trustee, or as a separate trustee or nominee, of all or any part of the Trust, and to vest in such Person, in such capacity and for the benefit of the holder of the Certificate representing such beneficial interest and its permitted assignee(s), such title to the Trust Assets, or any part thereof, and, subject to the other provisions of this Section 6.6, such powers, duties, obligations, rights and trusts as such Persons may consider necessary or desirable. No co-trustee, separate trustee, or nominee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 6.2, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets under this Agreement may be the Initial Beneficiary or any Affiliate thereof.

Appears in 1 contract

Samples: Trust Agreement (Seacastle Inc.)

Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision provisions of this AgreementMaster Trust Agreement or any SUBI Supplement, if at any time, time the Servicer determines that it is in the best interests of the Master Trust or any Sub-Trust to take any action for the purpose of meeting any legal requirements of any jurisdiction in which any Trust UTI Asset or any SUBI Asset may at the time be locatedlocated or within which such UTI Asset or SUBI Asset is to be acquired or for any other purpose as so determined by the Servicer, each Certificate Holder of the Servicer with respect UTI or the Sub-Trust to which such UTI Asset or SUBI Asset is associated, and the applicable beneficial interest and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by the Trustee and such Servicer and Trustee Certificate Holder to act as co-trustee, jointly with such the Trustee, or as a separate trustee or nomineenominee holder of legal title, of all or any part of the Trustsuch UTI Assets or SUBI Assets, and to vest in such Person, in such capacity and for the benefit of the holder of the such Certificate representing such beneficial interest Holder and its permitted assignee(s), such title to the Trust such UTI Assets, SUBI Assets, or any part thereof, and, subject to the other provisions of this Section 6.6Section, such powers, duties, obligations, rights and trusts as such Persons the Servicer may consider necessary or desirable. No co-trustee, separate trustee, or nominee holder of legal title under this Master Trust Agreement shall be required to meet the terms of eligibility as a successor trustee Trustee pursuant to Section 6.26.07, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets holder of legal title under this Master Trust Agreement may be the Initial Beneficiary Servicer or any Affiliate thereof.

Appears in 1 contract

Samples: Trust Agreement (Rochdale High Yield Advances Fund LLC)

Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which relating to or governing any Trust Asset may at the time be locatedAsset, the Servicer with respect to the applicable beneficial interest Initial Beneficiary and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by such Servicer the Initial Beneficiary and Trustee to act as co-trustee, jointly with such Trustee, or as a separate trustee or nominee, of all or any part of the Trust, and to vest in such Person, in such capacity and for the benefit of the holder of the Certificate representing such beneficial interest and its permitted assignee(s), such title to the Trust Assets, or any part thereof, and, subject to the other provisions of this Section 6.6, such powers, duties, obligations, rights and trusts as such Persons may consider necessary or desirable. No co-trustee, separate trustee, or nominee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 6.2, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets under this Agreement may be the Initial Beneficiary or any Affiliate thereof.

Appears in 1 contract

Samples: Trust Agreement (Cef Equipment Holding LLC)

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Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any Trust Asset may at the time be located, the Initial Beneficiary or the holder of or the Servicer with respect to the applicable beneficial interest SUBI and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by such Servicer and Trustee Persons to act as co-trustee, jointly with such Trustee, or as a separate trustee or nominee, of all or any part of the Trust, and to vest in such Person, in such capacity and for the benefit of the holder of the Certificate representing such beneficial interest Initial Beneficiary and its permitted assignee(s)) , such title to the Trust Assets, or any part thereof, and, subject to the other provisions of this Section 6.6Section, such powers, duties, obligations, rights and trusts as such Persons may consider necessary or desirable. No co-trustee, separate trustee, or nominee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 6.2, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets under this Agreement may be the Initial Beneficiary or any Affiliate thereof.

Appears in 1 contract

Samples: Origination Trust Agreement (Fah Co Inc)

Appointment of Co-Trustee, Separate Trustee, or Nominee. (a) Notwithstanding any other provision provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any Trust Asset may at the time be located, the Initial Beneficiary or the holder of or the Servicer with respect to the applicable beneficial interest SUBI and a Trustee, acting jointly, shall have the power to execute and deliver all instruments to appoint one or more Persons approved by such Servicer and Trustee Persons to act as co-trustee, jointly with such Trustee, or as a separate trustee or nominee, of all or any part of the Trust, and to vest in such Person, in such capacity and for the benefit of the holder of the Certificate representing such beneficial interest Initial Beneficiary and its permitted assignee(s), such title to the Trust Assets, or any part thereof, and, subject to the other provisions of this Section 6.6Section, such powers, duties, obligations, rights and trusts as such Persons may consider necessary or desirable. No co-co- trustee, separate trustee, or nominee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to Section 6.2, except that no co-trustee, separate trustee or nominee with respect to the UTI, any UTI Assets, any SUBI or any SUBI Assets under this Agreement may be the Initial Beneficiary or any Affiliate thereof.

Appears in 1 contract

Samples: Duties And (Greyhound Funding LLC)

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