Common use of CO-DELAWARE TRUSTEES AND SEPARATE DELAWARE TRUSTEES Clause in Contracts

CO-DELAWARE TRUSTEES AND SEPARATE DELAWARE TRUSTEES. Whenever the Delaware Trustee or the Required Certificateholders shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or bring any suit with respect to the Trust Estate or the Indenture, or the Delaware Trustee or the Required Certificateholders shall be advised by counsel satisfactory to it or them that it is so necessary or prudent, the Delaware Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more persons (and the Delaware Trustee may appoint one or more of its officers) either as co-trustee or co-trustees jointly with the Delaware Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Delaware Trustee and the Required Certificateholders and, until the termination of the Indenture in accordance with its terms as are reasonably satisfactory to the Trustee. In case any co-trustee or separate trustee shall dissolve, die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Delaware Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 15 contracts

Samples: Trust Agreement (Goal Capital Funding, LLC), Trust Agreement (Nelnet Student Loan Trust 2005-3), Trust Agreement (Nelnet Student Loan Funding LLC)

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CO-DELAWARE TRUSTEES AND SEPARATE DELAWARE TRUSTEES. Whenever the Delaware Trustee or the Required Certificateholders shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or bring any suit with respect to the Trust Estate or the Indenture, or the Delaware Trustee or the Required Certificateholders shall be advised by counsel satisfactory to it or them that it is so necessary or prudent, the Delaware Trustee and the Required Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more persons (and the Delaware Trustee may appoint one or more of its officers) either as co-trustee or co-trustees jointly with the Delaware Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Delaware Trustee and the Required Certificateholders and, until the termination of the Indenture in accordance with its terms as are reasonably satisfactory to the Indenture Trustee. In case any co-trustee or separate trustee shall dissolve, die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by applicable law, vest in and be exercised by the Delaware Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Nelnet Student Loan Trust 2009-2)

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CO-DELAWARE TRUSTEES AND SEPARATE DELAWARE TRUSTEES. Whenever the Delaware Trustee or the Required Certificateholders shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to make any claim or bring any suit with respect to the Trust Estate or the Indenture, or the Delaware Trustee or the Required Certificateholders shall be advised by counsel satisfactory to it or them that it is so necessary or prudent, the Delaware Trustee and the Certificateholders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one or more persons (and the Delaware Trustee may appoint one or more of its officers) either as co-trustee or co-trustees jointly with the Delaware Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Delaware Trustee and the Required Certificateholders and, until the termination of the Indenture in accordance with its terms as are reasonably satisfactory to the Indenture Trustee. In case any co-trustee or separate trustee shall dissolve, die, become incapable of acting, resign or be removed, the title to the Trust Estate and all rights and duties of such co-trustee or separate trustee shall, so far as permitted by law, vest in and be exercised by the Delaware Trustee, without the appointment of a successor to such co-trustee or separate trustee.

Appears in 1 contract

Samples: Trust Agreement (Nelnet Student Loan Trust 2006-2)

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