CONCERNING THE Clause Samples

CONCERNING THE. LIQUIDATING TRUSTEES, BENEFICIARIES, EMPLOYEES AND AGENTSARTICLE VIICONCERNING THE TRUSTEES, BENEFICIARIES, EMPLOYEES AND AGENTS 7.1 Generally The Liquidating Trustee accepts and --------- undertakes to discharge the Liquidating Trust created by this Agreement, upon the terms and conditions thereof on behalf of the Beneficiaries. The Liquidating Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Agreement shall be construed to relieve the Liquidating Trustee from liability for its own willful misconduct, knowingly and intentionally committed in bad faith, except that: (a) No successor Liquidating Trustee shall be in any way responsible for the acts or omissions of the Liquidating Trustee in office prior to the date on which he or it becomes a Liquidating Trustee. (b) The Liquidating Trustee shall not be liable for the performance of such duties and obligations as are specifically set forth in this Agreement except for its bad faith or willful misconduct, and no implied covenants or obligations shall be read into this Agreement against the Liquidating Trustee. (c) The Liquidating Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Liquidating Trustee and conforming to the requirements of this Agreement. (d) The Liquidating Trustee shall not be liable for any act which the Liquidating Trustee may do or omit to do hereunder, or for any mistake of fact or law, or for any error of judgment, or for the misconduct of any employee, agent, representative or attorney appointed by it, or for anything that it may do or refrain from doing in connection with this Liquidating Trust Agreement while acting in good faith; unless caused by or arising from gross negligence, willful misconduct, fraud or any other breach of fiduciary duty of the Liquidating Trustee or any of its employees, agents, representatives or attorneys. (e) The duties and obligations of the Liquidating Trustee shall be limited to and determined solely by the express provisions of this Liquidating Trust Agreement and no implied duties or obligations shall be read into this Liquidating Trust Agreement against the Liquidating Trustee. The Liquidating Trustee is not bound by and is un...

CONCERNING THE. SECURITYHOLDERS

CONCERNING THE. Funding Account, the Settlement Account and ---------------------------------------------------------- the Operating Account. The Borrower hereby expressly acknowledges that the --------------------- Funding Account, the Settlement Account and the Operating Account are subject in all respects to the right of offset in favor of the Bank granted under Section ------- 11. (a) the Funding Account shall be subject to the sole dominion and control of the Bank who shall disburse amounts from time to time on deposit therein in accordance with the terms of Section 6.11 of this Agreement; ------------ (b) the Settlement Account shall be subject to the sole dominion and control of the Bank who shall disburse amounts from time to time on deposit therein in accordance with the terms of this Agreement; (c) subject to the right of offset in favor of the Bank, the Operating Account shall be subject to the sole dominion and control of the Borrower; (d) nothing other than proceeds of Borrowings shall be deposited in the Funding Account; (e) the Settlement Account shall only be used for (i) proceeds from the sale or other disposition of Collateral and (ii) the payment of the Obligations; (f) proceeds of Advances, other than in respect of Wet Advances, shall be disbursed by the Bank from the Funding Account to the Operating Account for use by the Borrower in accordance with the terms of Section 6.10 of this Agreement; ------------ (g) proceeds of Borrowings in respect of Wet Advances shall either be wired directly from the Funding Account to such title company as the Borrower may identify or be disbursed pursuant to checks drawn on the Funding Account; and (h) proceeds from the redemption of Mortgage Collateral shall be deposited in the Settlement Account.

CONCERNING THE. DEBENTUREHOLDERS Section 10.1. Evidence of Action by Holders...................................................29 Section 10.2. Proof of Execution by Debentureholders..........................................29 Section 10.3. Who May Be Deemed Owners........................................................30 Section 10.4. Certain Debentures Owned by Company Disregarded.................................30 Section 10.5. Actions Binding on Future Debentureholders......................................30

CONCERNING THE. Delaware Trustee, CO-OWNER TRUSTEE AND CO-OWNER ELIGIBLE LENDER TRUSTEE...............................................................................

CONCERNING THE. WARRANTHOLDERS

CONCERNING THE. [OWNER] TRUSTEE[S]