Certain Matters Affecting the Indenture Trustee. For all purposes of this Servicing Agreement, in the performance of any of its duties or in the exercise of any of its powers hereunder, the Indenture Trustee shall be subject to and entitled to the benefits of Article VI of the Indenture.
Certain Matters Affecting the Indenture Trustee. Subject to the provisions of Section 7.1 hereof:
(a) The Indenture Trustee may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties;
(b) Any request or direction of any Noteholders, the Issuer, or the Servicer mentioned herein shall be in writing;
(c) Whenever in the performance of its duties hereunder the Indenture Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Indenture Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on its part, rely upon an Officer’s Certificate or an Opinion of Counsel;
(d) The Indenture Trustee may consult with counsel, and the advice of such counsel or any Opinion of Counsel shall be deemed authorization in respect of any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon;
(e) Prior to the occurrence of an Event of Default or after the curing of all Events of Default which may have occurred, the Indenture Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, approval, bond or other paper document, unless requested in writing so to do by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes; provided, however, that if the payment within a reasonable time to the Indenture Trustee of the costs, expenses or liabilities likely to be incurred by it in the making of such investigation is, in the reasonable opinion of the Indenture Trustee, not reasonably assured to the Indenture Trustee by the security afforded to it by the terms of this Indenture, the Indenture Trustee may require reasonable indemnity against such cost, expense or liability as a condition to so proceeding. The reasonable expense of every such examination shall be paid by the Servicer or, if paid by the Indenture Trustee, shall be reimbursed by the Servicer upon demand;
(f) The Indenture Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attor...
Certain Matters Affecting the Indenture Trustee. Except as otherwise provided in Section 901 hereof:
Certain Matters Affecting the Indenture Trustee. Section 6.04. Not Responsible for Recitals or Issuance of Notes or Section 6.05. Indenture Trustee May Hold Notes
Certain Matters Affecting the Indenture Trustee. 58 SECTION 7.4. Indenture Trustee Not Liable for Notes or Timeshare Loans. 59
Certain Matters Affecting the Indenture Trustee. The Depositor hereby directs the Indenture Trustee to execute, deliver and perform its obligations under the Swap Administration Agreement. The Seller, the Depositor, the Master Servicer and the Holders of the Adjustable Rate Notes by their acceptance of such Notes acknowledge and agree that the Indenture Trustee shall execute, deliver and perform its obligations under the Swap Administration Agreement and shall do so solely in its capacity as Indenture Trustee, as the case may be, and not in its individual capacity. Every provision of this Agreement relating to the conduct or affecting the liability of or affording protection to the Indenture Trustee shall apply to the Indenture Trustee’s execution of the Swap Administration Agreement in its capacity as Indenture Trustee.
Certain Matters Affecting the Indenture Trustee. 100 SECTION 7.03 Indenture Trustee Not Liable for Notes or Mortgage Loans.....................................102 SECTION 7.04 Indenture Trustee May Own Securities...............102 SECTION 7.05 Indenture Trustee's and Owner Trustee's Fees and Expenses...........................................102 SECTION 7.06 Eligibility Requirements for Indenture Trustee.....104 SECTION 7.07 Resignation and Removal of the Indenture Trustee...104 SECTION 7.08
Certain Matters Affecting the Indenture Trustee. Subject to the provisions of Section 7.01 hereof:
Certain Matters Affecting the Indenture Trustee. Except as otherwise provided in Section 7.01:
(i) The Indenture Trustee may conclusively rely and shall be fully protected in acting or refraining from acting upon any resolution, Officer's Certificate, certificate of auditors or any other certificate, statement, instrument, opinion, report, notice, request, consent, order, appraisal, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties;
(ii) The Indenture Trustee may consult with counsel and any Opinion of Counsel or advice shall constitute full and complete authorization and protection in respect of any action taken or suffered or omitted by it hereunder in good faith and in accordance with such Opinion of Counsel or advice;
(iii) The Indenture Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture, or to institute, conduct or defend any
Certain Matters Affecting the Indenture Trustee. [Section 8.10 AUTHORITY OF THE ADMINISTRATOR......................... 29 EXHIBIT A MORTGAGE LOAN SCHEDULE....................................... A-1 EXHIBIT B POWER OF ATTORNEY............................................ B-1 EXHIBIT C CERTIFICATE PURSUANT TO SECTION 3.08......................... C-1 EXHIBIT D FORM OF REQUEST FOR RELEASE.................................. D-1 This Servicing Agreement, dated as of _______________, between [Name of Servicer], as Servicer (the "Servicer") and WaMu Asset Acceptance Corp., as Company (the "Company"),
