Common use of DUTIES OF TRUSTEE AND THE FISCAL AGENT Clause in Contracts

DUTIES OF TRUSTEE AND THE FISCAL AGENT. (a) The Fiscal Agent and, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default that may have occurred, the Trustee undertake to perform only those duties as are specifically set forth in this Agreement and no implied covenants or obligations shall be read into this Agreement against the Trustee or the Fiscal Agent. Any permissive right of the Trustee or Fiscal Agent, as applicable, provided for in this Agreement shall not be construed as a duty of the Trustee or the Fiscal Agent. Subject to Section 7.1(c)(vi), if an Event of Default occurs and is continuing, then, the 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 their exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person's own affairs.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Com Mort Ps THR Cer Se 1998-Cf1), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

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DUTIES OF TRUSTEE AND THE FISCAL AGENT. (a) The Fiscal Agent andand the Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default that may have occurred, the Trustee undertake to will perform only those duties as are specifically set forth in this Agreement and no implied covenants or obligations shall be read into this Agreement against the Trustee or the Fiscal Agent. Any permissive right of the Trustee or Fiscal Agent, as applicable, provided for in this Agreement shall not be construed as a duty of the Trustee or the Fiscal Agent. Subject to Section 7.1(c)(vi), if an Event of Default occurs and is continuing, then, the 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 their exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person's own affairs.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Heller Financial Commercial Mort Asset Corp Series 1999 Ph 2)

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