Common use of Appointment of Co­Trustee or Separate Trustee Clause in Contracts

Appointment of Co­Trustee 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 Trust may at the time be located, the Administrator and the Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.01, to act as co­trustee, jointly with the 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 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 Trustee alone shall have the power to make such appointment. No co­trustee 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 10.01 and no notice of the appointment of any co­trustee or separate trustee shall be required pursuant to Section 10.03. Each separate trustee and co­trustee 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, Trust Agreement

AutoNDA by SimpleDocs

Appointment of Co­Trustee or Separate Trustee. (a) 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 Property or property securing the same may at the time be located, the Administrator Depositor and the Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.01, Trustee to act as co­trusteecotrustee or cotrustees, jointly with the Trustee, or separate trustee or separate trustees, of all or any part of the Trust EstateProperty, and to vest in such PersonPerson or Persons, in such capacity, such title to the Trust EstateProperty, or any part thereof, and, and subject to the other provisions of this SectionSection 5.10, such powers, duties, obligations, rights and trusts as the Administrator Depositor and the Trustee may consider necessary or desirable. If the Administrator Depositor shall not have joined in such appointment within 15 days after the receipt by it of a request so to do, the Trustee alone shall have the power to make such appointment. No co­trustee cotrustee 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 10.01 5.06 hereunder and no notice to Holders of Certificates or Rating Agencies of the appointment of any co­trustee cotrustee(s) or separate trustee trustee(s) shall be required pursuant to under Section 10.03. Each separate trustee and co­trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:5.08.

Appears in 1 contract

Samples: Trust Agreement (Ace Securities Corp)

Appointment of Co­Trustee 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 Trust Fund or property securing any Mortgage Note may at the time be located, the Administrator Master Servicer or the Servicers and the Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.01, Trustee to act as co­trustee, co-trustee or co-trustees jointly with the 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 applicable 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 Master Servicer or the Servicers and the Trustee may consider necessary or desirable. If the Administrator Master Servicer or the Servicers shall not have joined in such appointment within 15 fifteen 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 Trustee alone shall have the power to make such appointment. No co­trustee 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 10.01 9.06 and no notice to Certificateholders of the appointment of any co­trustee co-trustee or separate trustee shall be required pursuant to under Section 10.039.08. Each Every separate trustee and co­trustee co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

AutoNDA by SimpleDocs

Appointment of Co­Trustee 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 Trust Fund or property securing any Mortgage Note may at the time be located, the Administrator Master Servicer and the Trustee acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Trustee, meeting the eligibility requirements of clauses (i) through (iii) of Section 10.01, Trustee to act as co­trustee, cotrustee or cotrustees jointly with the 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 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 Trustee alone shall have the power to make such appointment. No co­trustee cotrustee 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 10.01 8.06 and no notice to Certificateholders of the appointment of any co­trustee cotrustee or separate trustee shall be required pursuant to under Section 10.038.08. Each Every separate trustee and co­trustee cotrustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWMBS Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.