Common use of Appointment of Co Clause in Contracts

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender 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 Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act as co-trustee, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender 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 clauses (iv), (v) and (vi) of Section 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender 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 Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act as co-trustee, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender 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 clauses (iv), (v) and (vi) of Section 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender Trustee. 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 Trust Fund or property securing any Mortgage Note may at the time be located, the Administrator Master Servicer and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, Trustee to act as co-trustee, trustee or co-trustees jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Estate, Fund or any part thereof, whichever is applicable, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Administrator Master Servicer and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator Master Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to dodo so, or in the case an Event of Default shall have occurred and be continuing, the Eligible Lender Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of under Section 10.1 8.6 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.38.8. Each Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender 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 Administrator Servicer and the Eligible Lender Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting Owner Trustee and the eligibility requirements of clauses (i) through (iii) of Section 10.1, Security Insurer to act as co-trustee, jointly with the Eligible Lender 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 EstateTrust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator Servicer and the Eligible Lender Owner Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender Owner Trustee alone subject, unless an Insurer Default shall have occurred and be continuing, to the approval of the Security Insurer (which approval shall not be unreasonably withheld) 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 clauses (iv), (v) and (vi) of Section 10.1 9.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.39.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee ------------------------- It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including particularly the law of the Hellenic Republic of Greece) denying or restricting the right of banking corporations or associations to transact business as trustee in such jurisdiction. It is recognized that in case of litigation under this Indenture or the Agreement, and in particular in case of the enforcement thereof on default, or in the case the Trustee deems that by reason of any present or future law of any jurisdiction it may not excercise any of the powers, rights or remedies herein granted to the Trustee or Separate ----------------------------------------------------- Eligible Lender Trusteehold title to the properties, in trust, as herein granted or take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or institution as a separate or co-trustee. Notwithstanding any other The following provisions of this ----------------------- Agreement, at any time, for Section are adopted to these ends. In the purpose of meeting any legal requirements of any jurisdiction in which any part of event that the Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one appoints an additional individual or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act institution as a separate or co-trustee, jointly each and every remedy, power, right, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, respect thereto shall be exercisable by and to vest in such Person, in such capacity, such title separate or co-trustee but only to the Trust Estate, extent necessary to enable such separate or any part thereof, and, subject co-trustee to the other provisions of this Section, exercise such powers, dutiesrights and remedies, obligationsand only to the extent that the Trustee by the laws of any jurisdiction (including particularly the Hellenic Republic of Greece) is incapable of exercising such powers, rights and trusts as remedies and every covenant and obligation necessary to the Administrator exercise thereof by such separate or co-trustee shall run to and be enforceable by either of them. Should any instrument in writing from the Eligible Lender Company be required by the separate or co-trustee so appointed by the Trustee may consider necessary for more fully and certainly vesting in and confirming to him or desirable. If it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Administrator Company at the expense of the Company; provided, that if an Event of Default shall have occurred and be continuing, if the Company does not have joined in execute any such appointment instrument within 15 fifteen (15) days after the receipt by it of a request so to dotherefor, the Eligible Lender Trustee alone shall have be empowered as an attorney- in-fact for the power Company to make execute any such appointmentinstrument in the Company's name and stead. No In case any separate or co-trustee or separate trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv)either shall die, (v) become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and (vi) obligations of Section 10.1 and no notice of the appointment of any such separate or co-trustee or separate trustee shall be required pursuant to Section 10.3. Each separate trustee and co-trustee shalltrustee, to the extent so far as permitted by law, shall vest in and be appointed and act subject exercised by the Trustee until the appointment of a new trustee or successor to the following provisions and conditions:such separate or co-trustee.

Appointment of Co. Eligible Lender Trustee or ---------------------------- Separate ----------------------------------------------------- Eligible Lender 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 Trust Fund or any Mortgaged Property may at the time be located, the Administrator Servicer and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved ap- proved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, Trustee to act as co-trusteetrustee or co-trustees, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust EstateFund, or any part thereof, and, subject to the other provisions of this SectionSection 9.10, such powers, duties, obligations, rights and trusts as the Administrator Servicer and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, or in the Eligible Lender case an Event of Default shall have occurred and be continuing, the Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of under Section 10.1 9.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.39.08. Each Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Owner Trustee or Separate ----------------------------------------------------- Eligible Lender Owner ------------------------------------------------- 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 Trust Estate or any Mortgaged Property may at the time be located, and for the purpose of performing certain duties and obligations of the Owner Trustee with respect to the Trust and the Residual Interest Certificates under the Master Servicing Agreement, the Administrator and the Eligible Lender Owner Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting Owner Trustee [and acceptable to the eligibility requirements of clauses (i) through (iii) of Section 10.1, Securities Insurer] to act as co-owner trustee, jointly with the Eligible Lender Owner Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust EstateTrust, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator Administrator[, the Securities Insurer] and the Eligible Lender Owner Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 25 days after the receipt by it of a request so to do, the Eligible Lender Owner Trustee alone [(with the consent of the Securities Insurer)] shall have the power to make such appointment. No co-owner trustee or separate owner trustee under this Agreement shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of Section 10.1 and no notice of the appointment of any co-trustee or separate owner trustee shall be required pursuant to Section 10.310.3 [except that notice to, and the written consent of, the Securities Insurer shall be required for the appointment of a co-trustee]. Each separate owner trustee and co-owner trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions provision and conditions:

Appointment of Co. Eligible Lender Trustee or ---------------------------- Separate ----------------------------------------------------- Eligible Lender 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 Trust Fund or any Mortgaged Property may at the time be located, the Administrator Servicer and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, Trustee to act as co-trusteetrustee or co-trustees, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust EstateFund, or any part thereof, and, subject to the other provisions of this SectionSection 9.10, such powers, duties, obligations, rights and trusts as the Administrator Servicer and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, or in the Eligible Lender case an Event of Default shall have occurred and be continuing, the Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of under Section 10.1 9.06 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.39.08. Each Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender Trustee. 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 Trust Fund or property securing any Mortgage Note may at the time be located, the Administrator Master Servicer and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, Trustee to act as co-trustee, trustee or co-trustees jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateFund, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Certificateholders, such title to the Trust Estate, Fund or any part thereof, whichever is applicable, and, subject to the other provisions of this SectionSection 8.10, such powers, duties, obligations, rights and trusts as the Administrator Master Servicer and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator Master Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to dodo so, or in the case an Event of Default shall have occurred and be continuing, the Eligible Lender Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of under Section 10.1 8.6 and no notice to Certificateholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.38.8. Each Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible -------------------------------------------------------------- Lender 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 Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act as co-trustee, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender 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 clauses (iv), (v) and (vi) of Section 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender ------------------------------------- Trustee. ------- Notwithstanding any other provisions of this ----------------------- Agreementhereof, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Fund or property securing the same may at the time be located, the Administrator Servicer and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting Trustee and the eligibility requirements of clauses (i) through (iii) of Section 10.1, Certificate Insurer with written notice to Xxxxx'x to act as co-trusteetrustee or co-trustees, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateFund, and to vest in such PersonPerson or Persons, in such capacity, such title to the Trust EstateFund, or any part thereof, and, subject to the other provisions of this SectionSection 12.10, such powers, duties, obligations, rights and trusts as the Administrator Servicer and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator Servicer shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, or in case a Servicer Default shall have occurred and be continuing, the Eligible Lender Trustee alone (with the consent of the Certificate Insurer with written notice to Xxxxx'x) shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of under Section 10.1 12.06 hereunder and no notice to Holders of Certificates of the appointment of co-trustee(s) or separate trustee(s) shall be required under Section 12.08 hereof. In the case of any appointment of a co-trustee or separate trustee pursuant to this Section 12.10, all rights, powers, duties and obligations conferred or imposed upon the Trustee shall be required pursuant conferred or imposed upon and exercised or performed by the Trustee and such separate trustee or co-trustee jointly, except to Section 10.3the extent that under any law of any jurisdiction in which any particular act or acts are to be performed (whether as Trustee hereunder or as successor to the Servicer hereunder), the Trustee shall be incompetent or unqualified to perform such act or acts, in which event such rights, powers, duties and obligations (including the holding of title to the Trust Fund or any portion thereof in any such jurisdiction) shall be exercised and performed by such separate trustee or co-trustee at the direction of the Trustee. Any notice, request or other writing given to the Trustee shall be deemed to have been given to each of the then separate trustees and co-trustees, as effectively as if given to each of them. Every instrument appointing any separate trustee or co-trustee shall refer to this Agreement and the conditions of this Article XII. Each separate trustee and co-trustee, upon its acceptance of the trusts conferred, shall be vested with the estates or property specified in its instrument of appointment, either jointly with the Trustee or separately, as may be provided therein, subject to all the provisions of this Agreement, specifically including every provision of this Agreement relating to the conduct of, affecting the liability of, or affording protection to, the Trustee. Every such instrument shall be filed with the Trustee. Any separate trustee shallor co-trustee may, at any time, constitute the Trustee, its agent or attorney-in-fact, with full power and authority, to the extent not prohibited by law, to do any lawful act under or in respect of this Agreement on its behalf and in its name. If any separate trustee or co-trustee shall die, become incapable of acting, resign or be removed, all of its estates, properties, rights, remedies and trusts shall vest in and be exercised by the Trustee, to the extent permitted by law, be appointed and act subject to without the following provisions and conditions:appointment of a new or successor trustee.

Appointment of Co. Eligible Lender Indenture Trustee or Separate ----------------------------------------------------- Eligible Lender Indenture --------------------------------------------------------- Trustee. (a) Notwithstanding any other provisions of this ----------------------- AgreementIndenture, at any ------- time, for the purpose of meeting any legal requirements requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Administrator and the Eligible Lender Indenture Trustee acting jointly shall have the power and shall may, with the prior consent of the Swap Counterparty and the Swap Guarantor execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act as a co-trustee, jointly with the Eligible Lender Trusteetrustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust EstateTrust, and to vest in such PersonPerson or Persons, in such capacitycapacity and for the benefit of the Noteholders, the Swap Counterparty and the Swap Guarantor, such title to the Trust Estate, or any part thereofhereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Indenture Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender Trustee alone shall have the power to make such appointment. No co-trustee or separate trustee under this Agreement hereunder shall be required to meet the terms of eligibility as a successor trustee pursuant to clauses (iv), (v) and (vi) of under Section 10.1 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required pursuant to under Section 10.36.08 hereof. Each (b) Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:: (i) all rights, powers, duties and obligations conferred or imposed upon the Indenture Trustee shall be conferred or imposed upon and exercised or performed by the Indenture Trustee and such separate trustee or co-trustee jointly (it being understood that such separate trustee or co-trustee is not authorized to act separately without the Indenture Trustee joining in such act), except to the extent that under any law of any jurisdiction in which any particular act or acts are to be performed the Indenture Trustee shall be incompetent or unqualified to perform such act or acts, in which event such rights, powers, duties and obligations (including the holding of title to the Trust Estate or any portion thereof in any such jurisdiction) shall be exercised and performed singly by such separate trustee or co-trustee, but solely at the direction of the Indenture Trustee;

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- ------------------------------------------------------ Eligible Lender 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 Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.1, to act as co-trustee, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender 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 clauses (iv), (v) and (vi) of Section 10.1 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.3. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appointment of Co. Eligible Lender Trustee or Separate ----------------------------------------------------- Eligible Lender Trustee. 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 Trust may at the time be located, the Administrator and the Eligible Lender Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Eligible Lender Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.110.01, to act as co-trustee, jointly with the Eligible Lender Trustee, or separate trustee or separate trustees, of all or any part of the Trust Estate, and to vest in such Person, in such capacity, such title to the Trust Estate, or any part thereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Administrator and the Eligible Lender Trustee may consider necessary or desirable. If the Administrator shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Eligible Lender 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 pursuant to clauses (iv), ) and (v) and (vi) of Section 10.1 10.01 and no notice of the appointment of any co-trustee or separate trustee shall be required pursuant to Section 10.310.03. Each separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions: