Common use of Bond Trustee Clause in Contracts

Bond Trustee. 24.1 If there is any change in the identity of the Bond Trustee in accordance with the Trust Deed, the Servicer, the Seller and the Guarantor shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing the outgoing Bond Trustee from its future obligations under this Agreement. 24.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, the Seller or the Guarantor under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documents.

Appears in 3 contracts

Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Servicing Agreement

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Bond Trustee. 24.1 If there is any change in the identity of the Bond Trustee in accordance with the Trust Deed, the Servicer, the Seller and the Guarantor shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing the outgoing Bond Trustee from its future obligations under this Agreement. 24.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, the Seller Seller, the Originator or the Guarantor under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documents.

Appears in 2 contracts

Samples: Mortgage Sale Agreement, Servicing Agreement

Bond Trustee. 24.1 19.1 If there is any change in the identity of the Bond Trustee in accordance with or an additional Bond Trustee is appointed, the Trust Deedremaining Bond Trustee and/or the retiring Bond Trustee, the Servicer, the Seller and the Guarantor shall execute such documents with any other parties to this Agreement and take such action actions as the successor Bond Trustee and the outgoing such new Bond Trustee may reasonably require for the purpose purposes of vesting in the successor such new Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing under the outgoing Bond Trustee from its future obligations under this AgreementSecurity Agreement and while any of the Covered Bonds remain outstanding shall give notice thereof to the Rating Agencies. 24.2 19.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of to the ServicerSeller, the Seller Servicer or the Guarantor under this Agreement notwithstanding any provision herein or therein and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 2616. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations powers of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s 's absolute discretion discretion, without any obligation to give reasons therefore therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documentsacting.

Appears in 1 contract

Samples: Servicing Agreement

Bond Trustee. 24.1 19.1 If there is any change in the identity of the Bond Trustee in accordance with or an additional Bond Trustee is appointed, the Trust Deedremaining Bond Trustee and/or the retiring Bond Trustee, the Servicer, the Seller and the Guarantor shall execute such documents with any other parties to this Agreement and take such action actions as the successor Bond Trustee and the outgoing such new Bond Trustee may reasonably require for the purpose purposes of vesting in the successor such new Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing under the outgoing Bond Trustee from its future obligations under this AgreementSecurity Agreement and while any of the Covered Bonds remain outstanding shall give notice thereof to the Rating Agencies. 24.2 19.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of to the ServicerSeller, the Seller Servicer or the Guarantor under this Agreement notwithstanding any provision herein or therein and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 2616. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations powers of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion discretion, without any obligation to give reasons therefore therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documentsacting.

Appears in 1 contract

Samples: Servicing Agreement (BMO Covered Bond Guarantor Limited Partnership)

Bond Trustee. 24.1 21.1 If there is any change in the identity of the Bond Trustee in accordance with or an additional Bond Trustee is appointed, the Trust Deedremaining Bond Trustee and/or the retiring Bond Trustee, the Servicer, the Seller and the Guarantor shall execute such documents with any other parties to this Agreement and take such action actions as the successor Bond Trustee and the outgoing such new Bond Trustee may reasonably require for the purpose purposes of vesting in the successor such new Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing under the outgoing Bond Trustee from its future obligations under this AgreementSecurity Agreement and while any of the Covered Bonds remain outstanding shall give notice thereof to the Rating Agencies. 24.2 21.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, to the Seller or the Guarantor under this Agreement notwithstanding any provision herein or therein and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26Article 18. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations powers of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s 's absolute discretion discretion, without any obligation to give reasons therefore therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documentsacting.

Appears in 1 contract

Samples: Mortgage Sale Agreement

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Bond Trustee. 24.1 21.1 If there is any change in the identity of the Bond Trustee in accordance with or an additional Bond Trustee is appointed, the Trust Deedremaining Bond Trustee and/or the retiring Bond Trustee, the Servicer, the Seller and the Guarantor shall execute such documents with any other parties to this Agreement and take such action actions as the successor Bond Trustee and the outgoing such new Bond Trustee may reasonably require for the purpose purposes of vesting in the successor such new Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing under the outgoing Bond Trustee from its future obligations under this AgreementSecurity Agreement and while any of the Covered Bonds remain outstanding shall give notice thereof to the Rating Agencies. 24.2 21.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, to the Seller or the Guarantor under this Agreement notwithstanding any provision herein or therein and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26Article 18. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations powers of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion discretion, without any obligation to give reasons therefore therefor, and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documentsacting.

Appears in 1 contract

Samples: Mortgage Sale Agreement (BMO Covered Bond Guarantor Limited Partnership)

Bond Trustee. 24.1 If there is any change in the identity of the Bond Trustee in accordance with the Trust Deed, the Servicer, the each Seller and the Guarantor shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing the outgoing Bond Trustee from its future obligations under this Agreement. 24.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, the each Seller or the Guarantor under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documents.

Appears in 1 contract

Samples: Servicing Agreement

Bond Trustee. 24.1 If there is any change in the identity of the Bond Trustee in accordance with the Trust Deed, the Servicer, the Seller and the Guarantor shall execute such documents and take such action as the successor Bond Trustee and the outgoing Bond Trustee may reasonably require for the purpose of vesting in the successor Bond Trustee the rights and obligations of the outgoing Bond Trustee under this Agreement and releasing the outgoing Bond Trustee from its future obligations under this Agreement. 24.2 It is hereby acknowledged and agreed that by its execution of this Agreement the Bond Trustee shall not assume or have any of the obligations or liabilities of the Servicer, the Seller or the Guarantor under this Agreement and that the Bond Trustee has agreed to become a party to this Agreement for the purpose only of taking the benefit of this Agreement and agreeing to amendments to this Agreement pursuant to Section 26. For the avoidance of doubt, the parties to this Agreement acknowledge that the rights and obligations of the Bond Trustee are governed by the Trust Deed and Security Agreement. Any liberty or right which may be exercised or determination which may be made under this Agreement by the Bond Trustee may be exercised or made in the Bond Trustee’s absolute discretion without any obligation to give reasons therefore and the Bond Trustee shall not be responsible for any liability occasioned by so acting if acting pursuant to Section 18 of the Trust Deed without prejudice to its obligation to act reasonably where so required pursuant to the terms of the Transaction Documents.

Appears in 1 contract

Samples: Servicing Agreement

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