Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 51 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1), Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Ff3), Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 10)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Certificate Registrar, the Depositor and the Trustee to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 50 contracts
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Five Oaks Investment Corp.), Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Depositor and the Trustee to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee, respectively.
Appears in 18 contracts
Samples: Trust Agreement (BNC Mortgage Loan Trust 2007-1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6), Trust Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as “plan assets assets” for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 15 contracts
Samples: Trust Agreement (Lehman XS Trust 2006-11), Trust Agreement (Lehman XS Trust 2006-19), Trust Agreement (Lehman XS Trust 2006-17)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Owner Trustee and the Certificate Registrar to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund Estate to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Indenture Trustee.
Appears in 14 contracts
Samples: Custodial Agreement (NYMT Securities CORP), Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (SunTrust Mortgage Securitization, LLC)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 13 contracts
Samples: Trust Agreement (Structured Asset Inv Loan Tr Mort Pass-THR Cert Ser 2004-1), Custodial Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc10), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pass THR Certs Ser 2003-2)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Depositor and the Trustee to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund to be regarded as “plan assets assets” for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee, respectively.
Appears in 11 contracts
Samples: Trust Agreement (LXS 2007-8h), Trust Agreement (Sasco 2007-Eq1), Custodial Agreement (Lehman XS Trust 2007-1)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee and Certificate Registrar to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Funding Corp), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2006-1), Pooling and Servicing Agreement (Sequoia Residential Funding Inc)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 5 contracts
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1), Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003-Bc2), Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Am1)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the -------------------- Trustee to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 5 contracts
Samples: Trust Agreement (Structured Asset Securities Corporation), Trust Agreement (Structured Asset Securities Corporation), Trust Agreement (Structured Asset Securities Corporation)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Depositor and the Indenture Trustee to the effect that any proposed transfer of Securities will not (i) cause the assets of the Trust Fund Estate to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Indenture Trustee, respectively.
Appears in 4 contracts
Samples: Custodial Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Custodial Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2), Custodial Agreement (Structured Asset Securities Corp)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee Depositor and the Securities Administrator to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee, respectively.
Appears in 3 contracts
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Trust Agreement (Sasco 2006-Bc4), Trust Agreement (Sasco 2006-Bc3)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor Depositor, the Trustee, the Master Servicer, any Servicer or the TrusteeSecurities Administrator.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3), Trust Agreement (Thornburg Mortgage Securities Trust 2004-3)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee Certificate Registrar to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-4)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee -------------------- to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Securities Corp), Trust Agreement (Structured Asset Securities Corp)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund trust fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to -------------------- the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 1 contract
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee and the Certificate Registrar to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor Depositor, the Certificate Registrar, the Securities Administrator, the Master Servicer, any Servicer or the Trustee.
Appears in 1 contract
Samples: Trust Agreement (Banccap Asset Securization Issuance Corp)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee Securities Administrator to the effect that any proposed transfer will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor Depositor, the Trustee, the Master Servicer, any Servicer or the TrusteeSecurities Administrator.
Appears in 1 contract
Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2005-3)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Owner Trustee and the Certificate Registrar to the effect that any proposed transfer of Certificates will not (ia) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (iib) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Depositor, the Securities Administrator and the Trustee to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund to be regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor Depositor, the Securities Administrator or the Trustee, respectively.
Appears in 1 contract
Samples: Trust Agreement (TBW 2006-3)
Benefit Plan Opinion. An Opinion of Counsel satisfactory to the Trustee to the effect that any proposed transfer of Certificates will not (i) cause the assets of the Trust Fund to be Exhibit 4.5 regarded as plan assets for purposes of the Plan Asset Regulations or (ii) give rise to any fiduciary duty on the part of the Depositor or the Trustee.
Appears in 1 contract
Samples: Trust Agreement (Fieldstone Mortgage Investment CORP)
