Compensation; Indemnity. (a) The Owner Trustee shall cause the Servicer pursuant to the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such compensation for its services as shall be agreed upon in writing. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee shall cause the Servicer pursuant to the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, counsel, accountants and experts. The Owner Trustee shall cause the Servicer pursuant to the Pooling and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 of the Pooling and Servicing Agreement. (b) The Owner Trustee's obligations to the Indenture Trustee pursuant to this Section 6.7 shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar law.
Appears in 5 contracts
Samples: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation)
Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.03 of the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such compensation for its services as shall be agreed upon in writing. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.03 of the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling Trust Sale and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 7.1 of the Pooling Trust Sale and Servicing Agreement.
(b) The Owner TrusteeIssuer's obligation to cause the Servicer to honor the Issuer's obligations to the Indenture Trustee pursuant to this specified in Section 6.7 6.7(a) shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) with respect to the Issuer, if the Servicer has failed to honor such obligation the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar lawInsolvency Law.
Appears in 3 contracts
Samples: Indenture (Wholesale Auto Receivables Corp), Indenture (Ace Securities Corp), Indenture (Asset Backed Securities Corp)
Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such compensation for its services as shall be agreed upon in writing. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling Sale and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 6.2 of the Pooling Sale and Servicing Agreement.
(b) The Owner TrusteeIssuer's obligations to the Indenture Trustee pursuant to this Section 6.7 shall survive the discharge of this IndentureIndenture and the resignation and removal of the Indenture Trustee. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) with respect to the Issuer or an Event of Servicing Termination specified in Section 7.1 of the Sale and Servicing Agreement with respect to the Servicer, the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar law.
Appears in 2 contracts
Samples: Indenture (First Security Auto Owner Trust 1999 1), Indenture (First Security Auto Owner Trust 1998-1)
Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.09 of the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such reasonable compensation for its services as shall be agreed upon in writingservices. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.09 of the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, external counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 6.01 of the Pooling Trust Sale and Servicing Agreement.
(b) The Owner TrusteeIssuer's obligations to the Indenture Trustee pursuant to this Section 6.7 shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e5.1(d) or (fe) with respect to the Issuer, the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar law.
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Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such compensation for its services as shall be agreed upon in writing. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-of- pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling Sale and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 6.2 of the Pooling Sale and Servicing Agreement.
(b) The Owner TrusteeIssuer's obligations to the Indenture Trustee pursuant to this Section 6.7 shall survive the discharge of this IndentureIndenture and the resignation and removal of the Indenture Trustee. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) with respect to the Issuer or an Event of Servicing Termination specified in Section 7.1 of the Sale and Servicing Agreement with respect to the Servicer, the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar law.
Appears in 1 contract
Samples: Indenture (First Security Bank Na)
Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.09 of the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such reasonable compensation for its services as shall be agreed upon in writingservices. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.09 of the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, external counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 6.01 of the Pooling Trust Sale and Servicing Agreement.
(b) The Owner TrusteeIssuer's obligations to the Indenture Trustee pursuant to this Section 6.7 shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) with respect to the Issuer, the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar law.
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Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.03 of the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such compensation for its services as shall be agreed upon in writing. The Indenture Trustee's compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.03 of the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's agents, counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling Trust Sale and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 7.1 of the Pooling Trust Sale and Servicing Agreement.
(b) The Owner TrusteeIssuer's obligation to cause the Servicer to honor the Issuer's obligations to the Indenture Trustee pursuant to this specified in Section 6.7 6.7(a) shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) with respect to the Issuer, if the Survivor has failed to honor such obligation the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar lawInsolvency Law.
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Compensation; Indemnity. (a) The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.03 of the Pooling and Servicing Agreement to pay to the Indenture Trustee from time to time such compensation for its services as shall be agreed upon in writing. The Indenture Trustee's ’s compensation shall not be limited by any law on compensation of a trustee of an express trust. The Owner Trustee Issuer shall cause the Servicer pursuant to Section 3.03 of the Pooling and Servicing Agreement to reimburse the Indenture Trustee for all reasonable out-of-pocket expenses incurred or made by it, including costs of collection, in addition to the compensation for its services. Such expenses shall include the reasonable compensation and expenses, disbursements and advances of the Indenture Trustee's ’s agents, counsel, accountants and experts. The Owner Trustee Issuer shall cause the Servicer pursuant to the Pooling Trust Sale and Servicing Agreement to indemnify the Indenture Trustee in accordance with Section 7.01 7.1 of the Pooling Trust Sale and Servicing Agreement.
(b) The Owner Trustee's Issuer’s obligation to cause the Servicer to honor the Issuer’s obligations to the Indenture Trustee pursuant to this specified in Section 6.7 6.7(a) shall survive the discharge of this Indenture. When the Indenture Trustee incurs expenses after the occurrence of a Default specified in Section 5.1(e) or (f) with respect to the Issuer, if the Servicer has failed to honor such obligation the expenses are intended to constitute expenses of administration under Title 11 of the United States Code or any other applicable federal or state bankruptcy, insolvency or similar lawInsolvency Law.
Appears in 1 contract
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp)