Certain Terms Concerning Indenture Trustee Sample Clauses

Certain Terms Concerning Indenture Trustee. The Indenture Trustee is entering into this Agreement not in its individual capacity but solely in its capacity as trustee under the Indenture and all indemnifications and protections from liability provided to the Indenture Trustee under the Indenture shall, with out limitation, extend to the Indenture Trustee hereunder. The Indenture Trustee shall have no obligations or duties under this Agreement other than those duties expressly set forth herein as duties on its part to be performed hereunder, and no implied duties shall be read into this Agreement against the Indenture Trustee. The Indenture Trustee is not responsible for the terms of this Agreement or their sufficiency for any purpose.
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Certain Terms Concerning Indenture Trustee. EXHIBIT A - MORTGAGE LOAN SCHEDULE EXHIBIT B - FORM OF REQUEST FOR RELEASE EXHIBIT C - FORM OF CERTIFICATION TO BE PROVIDED BY THE SERVICER EXHIBIT D - LOAN LEVEL FORMAT FOR TAPE INPUT, SERVICER PERIOD REPORTING EXHIBIT E - REPORTING DATA FOR DEFAULTED LOANS EXHIBIT F - CALCULATION OF REALIZED LOSS/GAIN FORM 332 - INSTRUCTION SHEET EXHIBIT G - SERVICING CRITERIA This Servicing Agreement, dated as of March 30, 2007, among Wxxxx Fargo Bank, N.A., as Master Servicer (“Master Servicer”), American Home Mortgage Investment Trust 2007-1, as Issuing Entity (the AIssuing Entity”), American Home Mortgage Acceptance, Inc. as Sponsor (the “Sponsor”), American Home Mortgage Servicing, Inc. as Servicer (the “Servicer”) and Deutsche Bank National Trust Company, as Indenture Trustee (the AIndenture Trustee”).
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Certain Terms Concerning Indenture Trustee. EXHIBIT A - HELOC MORTGAGE LOAN SCHEDULE EXHIBIT B - FORM OF REQUEST FOR RELEASE EXHIBIT C-1 - FORM OF CERTIFICATION TO BE PROVIDED BY THE HELOC SERVICER EXHIBIT C-2 - RESERVED This HELOC Servicing Agreement, dated as of October 7, 2005, among GMAC Mortgage Corporation, as HELOC Back-Up Servicer (“HELOC Back-Up Servicer”), American Home Mortgage Investment Trust 2005-4A, as Issuer (the Issuer”), American Home Mortgage Acceptance, Inc. as Seller (the “Seller”), U.S. Bank National Association, as Indenture Trustee (the (Indenture Trustee”) and American Home Mortgage Acceptance, Inc., as HELOC Servicer (“HELOC Servicer”).
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Certain Terms Concerning Indenture Trustee. EXHIBIT A - MORTGAGE LOAN SCHEDULE A-1 EXHIBIT B - FORM OF REQUEST FOR RELEASEB-1 EXHIBIT C - FORM OF CERTIFICATION TO BE PROVIDED BY THE SERVICERC-1 EXHIBIT D - LOAN LEVEL FORMAT FOR TAPE INPUT, SERVICER PERIOD REPORTINGD-1 EXHIBIT E - REPORTING DATA FOR DEFAULTED LOANSE-1 EXHIBIT F - CALCULATION OF REALIZED LOSS/GAIN FORM 332 - INSTRUCTION SHEETF-1 EXHIBIT G - SERVICING CRITERIA This Servicing Agreement, dated as of April 20, 2007, among Xxxxx Fargo Bank, N.A., as Master Servicer (“Master Servicer”), American Home Mortgage Investment Trust 2007-2, as Issuing Entity (the “Issuing Entity”), American Home Mortgage Acceptance, Inc. as Sponsor (the “Sponsor”), American Home Mortgage Servicing, Inc. as Servicer (the “Servicer”) and Deutsche Bank National Trust Company, as Indenture Trustee (the “Indenture Trustee”).
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Certain Terms Concerning Indenture Trustee. Third Party Beneficiary. EXHIBIT A - HELOC MORTGAGE LOAN SCHEDULE EXHIBIT B - FORM OF REQUEST FOR RELEASE EXHIBIT C-1 - FORM OF CERTIFICATION TO BE PROVIDED BY THE HELOC SERVICER EXHIBIT D - LOAN LEVEL FORMAT FOR TAPE INPUT EXHIBIT E - REPORTING DATA FOR DEFAULTED LOANS EXHIBIT F - CALCULATION OF REALIZED LOSS/GAIN FORM 332 - INSTRUCTION SHEET EXHIBIT G - SERVICING CRITERIA This HELOC Servicing Agreement, dated as of June 30, 2006, among GMAC Mortgage Corporation, as HELOC Back-Up Servicer (“HELOC Back-Up Servicer”), American Home Mortgage Investment Trust 2006-2, as Issuing Entity (the Issuing Entity”), American Home Mortgage Acceptance, Inc. as Sponsor (the “Sponsor”), Deutsche Bank Trust Company Americas, as Indenture Trustee (the AIndenture Trustee”) and American Home Mortgage Acceptance, Inc., as HELOC Servicer (“HELOC Servicer”).
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Certain Terms Concerning Indenture Trustee. [TO BE UPDATED]
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Certain Terms Concerning Indenture Trustee. EXHIBIT A - MORTGAGE LOAN SCHEDULE A-1 EXHIBIT B - FORM OF REQUEST FOR RELEASE EXHIBIT C-1 - FORM OF CERTIFICATION TO BE PROVIDED BY THE SUBSERVICER EXHIBIT C-2 - RESERVED This Subservicing Agreement, dated as of October 7, 2005, among American Home Mortgage Investment Trust 2005-4A, as Issuer (the (Issuer”), American Home Mortgage Acceptance, Inc. as RMBS Servicer (the “RMBS Servicer”), U.S. Bank National Association, as Indenture Trustee (the (Indenture Trustee”) and American Home Mortgage Servicing, Inc. (the “RMBS Subservicer”).
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Related to Certain Terms Concerning Indenture Trustee

  • Opinions as to Indenture Trust Estate (a) On the Closing Date, the Issuer shall furnish to the Indenture Trustee an Opinion of Counsel either stating that, in the opinion of such counsel, such action has been taken with respect to the recording and filing of this Indenture as is necessary to perfect and make effective the lien and security interest of this Indenture and reciting the details of such action, or stating that, in the opinion of such counsel, no such action is necessary to make such lien and security interest effective. (b) On or before December 31 in each calendar year, beginning in 2003, the Issuer shall furnish to the Indenture Trustee an Opinion of Counsel either stating that, in the opinion of such counsel, such action has been taken with respect to the recording, filing, re-recording and refiling of this Indenture and any indentures supplemental hereto as is necessary to maintain the lien and security interest created by this Indenture and relating the details of such action or stating that in the opinion of such counsel no such action is necessary to maintain such lien and security interest. Such Opinion of Counsel shall also describe the recording, filing, recording and refiling of this Indenture and any indentures supplemental hereto that will, in the opinion of such counsel, be required to maintain the lien and security interest of this Indenture until December 31 in the following calendar year.

  • Release of Indenture Trust Estate (a) Subject to the payment of its fees and expenses pursuant to Section 6.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any monies. (b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Indenture Trust Estate that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.4(b) only upon receipt of an Issuer Request accompanied by an Officer's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.1. (c) Each Noteholder or Note Owner, by its acceptance of a Note or, in the case of a Note Owner, a beneficial interest in a Note, acknowledges that from time to time the Indenture Trustee shall release the lien of this Indenture on any Receivable to be sold to (i) the Depositor in accordance with Section 2.3 of the Sale and Servicing Agreement and (ii) to the Servicer in accordance with Section 3.7 of the Sale and Servicing Agreement.

  • Ratification of Indenture; Supplemental Indenture Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Ratification of Indenture; Supplemental Indentures Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Replacement of Indenture Trustee The Indenture Trustee may resign at any time by providing written notice of its resignation to the Issuer. The Administrator, on behalf of the Issuer, may remove the Indenture Trustee if: (a) the Indenture Trustee fails to comply with Section 6.11; (b) the Indenture Trustee is adjudged a bankrupt or insolvent; (c) a receiver or other public officer takes charge of the Indenture Trustee or its property; or (d) the Indenture Trustee otherwise becomes legally or practically incapable of fulfilling its duties hereunder. If the Indenture Trustee resigns or is removed or if a vacancy exists in the office of Indenture Trustee for any reason (the Indenture Trustee in such event being referred to herein as the retiring Indenture Trustee), the Administrator, on behalf of the Issuer, shall promptly appoint a successor Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. A successor Indenture Trustee shall deliver a written acceptance of its appointment to the retiring Indenture Trustee, to the Servicer and to the Administrator. Thereupon the resignation or removal of the retiring Indenture Trustee shall become effective, and the successor Indenture Trustee shall have all the rights, powers and duties of the Indenture Trustee under this Indenture. The successor Indenture Trustee shall mail a notice of its succession to Noteholders. The retiring Indenture Trustee shall promptly transfer all property held by it as Indenture Trustee to the successor Indenture Trustee. The retiring Indenture Trustee shall not be liable for the acts or omissions of any successor Indenture Trustee. If a successor Indenture Trustee does not take office within thirty (30) days after the retiring Indenture Trustee resigns or is removed, the retiring Indenture Trustee, the Administrator or the Holders of a majority in Outstanding Amount of the Notes of the Controlling Class may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee. If the Indenture Trustee fails to comply with Section 6.11, any Noteholder may at any time thereafter petition any court of competent jurisdiction for the removal of the Indenture Trustee and the appointment of a successor Indenture Trustee. Notwithstanding the replacement of the Indenture Trustee pursuant to this Section, the Issuer’s obligations under Section 6.07 shall continue for the benefit of the retiring Indenture Trustee.

  • RATIFICATION OF INDENTURE; SUPPLEMENTAL INDENTURE FOR ADDITIONAL GUARANTEES PART OF INDENTURE Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture for Additional Guarantees shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall by bound hereby.

  • Protection of Indenture Trust Estate The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, will take such other action necessary or advisable to: (i) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively the purposes hereof; (ii) perfect, publish notice of or protect the validity of any grant made or to be made by this Indenture; (iii) enforce any of the Collateral; or (iv) preserve and defend title to the Indenture Trust Estate and the rights of the Indenture Trustee and the Noteholders in such Indenture Trust Estate against the claims of all persons and parties. The Issuer hereby designates the Indenture Trustee its agent and attorney-in-fact to execute any financing statement, continuation statement or other instrument required to be executed pursuant to this Section.

  • Individual Rights of Indenture Trustee The Indenture Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or its Affiliates with the same rights it would have if it were not Indenture Trustee. Any Paying Agent, Note Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Indenture Trustee must comply with Sections 6.11 and 6.12.

  • Successor Indenture Trustee by Merger If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Indenture Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies prior written notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor trustee and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Indenture Trustee shall have.

  • Limitation of Liability of Eligible Lender Trustee and Indenture Trustee (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificates, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

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