Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on the terms of this Agreement, for the benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 22 contracts
Samples: Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the CertificateholdersOwners, subject to the obligations of the Trust Owner Trustee under the Transaction DocumentsTrust Related Agreements. The It is the intention of the parties hereto that the Trust is constitute a statutory trust under the Statutory Trust Statute and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 17 contracts
Samples: Alternative Servicing Agreement, Trust Agreement, Trust Agreement (National Collegiate Student Loan Trust 2007-3)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on the terms of this Agreement, for the benefit of the CertificateholdersTransferor, subject to the obligations of the Trust under the Transaction Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 17 contracts
Samples: Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-T), Trust Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-E), Trust Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-H)
Declaration of Trust. (a) The Owner Trustee hereby declares that it will shall hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust Issuer under the Transaction Basic Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in has filed the Statutory Certificate of Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the TrustState.
Appears in 12 contracts
Samples: Trust Agreement, Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Auto Receivables Trust 2018-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on the terms of this Agreement, for the benefit of the CertificateholdersTransferor, subject to the obligations of the Trust under the Transaction Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Trust Agreement is the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Trust Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 11 contracts
Samples: Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-G), Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-D), Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-E)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholdersholder of the Excess Distribution Certificate, subject to the obligations of the Trust under the Transaction other Basic Documents. The It is the intention of the parties hereto that the Trust is constitute a statutory trust under the Statutory Trust Statute Delaware law and that this Agreement is constitute the governing instrument of the statutory such trust. The Owner Effective as of the date hereof, the Trustee shall have all rights rights, powers and obligations in this Agreement and in the Statutory Trust Statute for duties set forth herein with respect to accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 8 contracts
Samples: Trust Agreement (SLM Education Credit Funding LLC), Trust Agreement (SLM Education Credit Funding LLC), Trust Agreement (SLM Education Credit Funding LLC)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust Issuer under the Transaction Basic Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument Effective as of the statutory trust. The date hereof, the Owner Trustee shall have all rights rights, powers and obligations in this Agreement duties set forth herein and in the Statutory Trust Statute for with respect to accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the TrustIssuer.
Appears in 4 contracts
Samples: Trust Agreement (GS Auto Loan Trust 2005-1), Trust Agreement (Gs Auto Loan Trust 2004-1), Trust Agreement (GS Auto Loan Trust 2007-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument Effective as of the statutory trust. The date hereof, the Owner Trustee shall have all rights rights, powers and obligations in this Agreement duties set forth herein and in the Statutory Trust Statute for with respect to accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2), Trust Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the CertificateholdersOwners, subject to the obligations of the Trust Owner Trustee under the Transaction DocumentsTrust Related Agreements. The It is the intention of the parties hereto that the Trust is constitute a statutory business trust under the Statutory Trust Statute and this Agreement is the governing instrument Chapter 38 of Title 12 of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the TrustCode.
Appears in 3 contracts
Samples: Trust Agreement (National Collegiate Trust 1996-S2), Authority And (National Collegiate Trust 1996-S2), Trust Agreement (National Collegiate Trust 1996-S2)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument Effective as of the statutory trust. The date hereof, the Owner Trustee shall have all rights rights, powers and obligations in this Agreement duties set forth herein and in the Statutory Trust Statute for with respect to accomplishing the purposes of the Trust. The Owner Trustee shall file has filed the Certificate of Trust with the Secretary of State of the State of Delaware a Certificate of Trust of the TrustDelaware.
Appears in 3 contracts
Samples: Trust Agreement (Ml Asset Backed Corp), Trust Agreement (Merrill Auto Trust Securitization 2005-1), Trust Agreement (Merrill Auto Trust Securitization 2007-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the CertificateholdersOwners, subject to the obligations of the Trustee under this Agreement. It is the intention of the parties hereto that the Trust under the Transaction Documents. The Trust is constitute a statutory trust under the Statutory Trust Statute and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall Trustees are hereby authorized and directed to execute and file a certificate of trust with the Secretary of State of in the State of Delaware a Certificate of Trust of the Trustform attached as Exhibit C hereto.
Appears in 2 contracts
Samples: Administration Agreement (First Marblehead Corp), Administration Agreement (First Marblehead Corp)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property upon the terms of this Agreement, trusts set forth herein and for the use and benefit of the Certificateholders, subject to Owners. It is the obligations intention of the parties hereto that the Trust under the Transaction Documents. The Trust is constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement is constitute the governing instrument of the statutory such business trust. The No later than the Closing Date, the Owner Trustee shall have all rights and obligations in this Agreement and in cause the Statutory Trust Statute for accomplishing the purposes filing of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust with the Delaware Secretary of the TrustState.
Appears in 2 contracts
Samples: Trust Agreement (Mid State Trust Vi), Trust Agreement (Mid-State Homes Inc)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that (i) the Trust is constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.such business
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Motor Credit Co)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that (i) the Trust is constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.such
Appears in 2 contracts
Samples: Trust Agreement (Ford Motor Credit Co), Trust Agreement (Ford Credit Auto Receivables Two L P)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the CertificateholdersOwners, subject to the obligations of the Trust Owner Trustee under the Transaction DocumentsTrust Related Agreements. The It is the intention of the parties hereto that the Trust is constitute a statutory trust under the Statutory Trust Statute and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.Section 2.06
Appears in 2 contracts
Declaration of Trust. The Owner Trustee hereby declares that it will shall hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions and obligations set forth herein and in the Trust Sale and Servicing Agreement for the use and benefit of the CertificateholdersCertificate Owners, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that the Trust is constitute a statutory business trust under the Statutory Business Trust Statute and Statute, that this Agreement is constitute the governing instrument of such business trust and that the statutory trustCertificates represent the equity interests therein. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee Certificateholders shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.be determined as set
Appears in 1 contract
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the benefit use and benefit of the CertificateholdersOwners, subject to the obligations of the Trust Owner Trustee under the Transaction DocumentsTrust Related Agreements. The It is the intention of the parties hereto that the Trust is constitute a statutory trust under the Statutory Trust Statute and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 1 contract
Samples: Trust Agreement
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property upon the terms of this Agreement, trusts set forth herein and for the use and benefit of the Certificateholders, Beneficial Owners and subject to the obligations rights of the Bali Noteholder as herein set forth. It is the intention of the parties hereto that the Trust under the Transaction Documents. The Trust is constitute a statutory business trust under the Statutory Business Trust Statute Act and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file the Certificate of Trust with the Secretary of State of the State of Delaware a Certificate of pursuant to the Business Trust of the TrustAct.
Appears in 1 contract
Samples: Trust Agreement
Declaration of Trust. The Owner Trustee hereby declares that it will shall hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Documents. The It is the intention of the parties hereto that the Trust is constitute a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State common law of the State of Delaware a Certificate and that this Agreement constitute the governing instrument of Trust of the Trustsuch trust.
Appears in 1 contract
Samples: Trust Agreement (Prudential Securities Secured Financing Corp)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the CertificateholdersHolder, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that the Trust is a statutory constitute an owner trust under the Statutory Trust Statute and this Agreement is the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State common law of the State of Delaware a Certificate Delaware. Effective as of Trust the date hereof, the Owner Trustee will have all rights, powers and duties set forth herein. The Holder will not have any personal liability for any liability or obligation of the Trust.
Appears in 1 contract
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument Effective as of the statutory trust. The date hereof, the Owner Trustee shall have all rights rights, powers and obligations in this Agreement duties set forth herein and in the Statutory Trust Statute for with respect to accomplishing the purposes of the Trust. The Owner Trustee shall file has filed the Certificate of Trust with the Secretary of State of the State of Delaware a Certificate of Trust of the TrustState.
Appears in 1 contract
Samples: Trust Agreement (Merrill Auto Trust Securitization 2008-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the CertificateholdersOwners, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that the Trust is constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code (the "Statutory Trust Statute Act") and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.
Appears in 1 contract
Samples: Trust Agreement (Pheaa Student Loan Foundation Inc)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property upon the terms of this Agreement, trusts set forth herein and for the use and benefit of the Certificateholders, Certificate Holders and subject to the obligations rights of the Finance Parties as herein set forth. It is the intention of the parties hereto that the Trust under the Transaction Documents. The Trust is constitute a statutory business trust under the Statutory Business Trust Statute Act and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file the Certificate of Trust with the Secretary of State of the State of Delaware a Certificate of pursuant to the Business Trust of the TrustAct.
Appears in 1 contract
Samples: Trust Agreement
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that (i) the Trust is constitute a statutory trust under the Statutory Trust Statute and that this Agreement is constitute the governing instrument of such statutory trust and (ii) for federal, state and local income and franchise tax purposes, the statutory trust. The Owner Trustee Trust shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes be treated as a grantor trust of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.type described in Treasury Regulation ss.301.7701-
Appears in 1 contract
Samples: Trust Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2004-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Trust Certificateholders, subject to the obligations of the Securitization Trust under the Transaction Program Documents. The Trust is a statutory trust under the Statutory Trust Statute and this Agreement is the governing instrument Effective as of the statutory trust. The date hereof, the Owner Trustee shall have all rights rights, powers authority and obligations in this Agreement authorization set forth herein and in the Statutory Trust Statute for with respect to accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Securitization Trust.
Appears in 1 contract
Samples: Trust Agreement (ACAR Leasing Ltd.)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Trust Property upon the terms of this Agreement, trusts set forth herein and for the use and benefit of the Certificateholders, Certificate Holder and the other parties entitled thereto and subject to the obligations rights of the Finance Parties as herein set forth. It is the intention of the parties hereto that the Trust under the Transaction Documents. The Trust is constitute a statutory business trust under the Statutory Business Trust Statute Act and that this Agreement is constitute the governing instrument of the statutory trust. The Owner Trustee shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file the Certificate of Trust with the Secretary of State of the State of Delaware a Certificate of pursuant to the Business Trust of the TrustAct.
Appears in 1 contract
Samples: Trust Agreement
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Assets on Owner Trust Estate in trust upon and subject to the terms of this Agreement, conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Basic Documents. The It is the intention of the parties hereto that (i) the Trust is constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement is constitute the governing instrument of such business trust and (ii) solely for income and franchise tax purposes, the statutory trust. The Owner Trustee Trust shall have all rights and obligations in this Agreement and in the Statutory Trust Statute for accomplishing the purposes of the Trust. The Owner Trustee shall file with the Secretary of State of the State of Delaware a Certificate of Trust of the Trust.be treated
Appears in 1 contract
Samples: Trust Agreement (Daimler Benz Vehicle Receivables Corp)