Common use of Existence of Issuer Clause in Contracts

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement, the Issuer will keep in full effect its existence, rights and franchises as a statutory trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement, the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), ) and the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(bparagraphs (b) and (c) and of this Section 6.2(a)(ii) of the Deposit Trust Agreement3.04, the Issuer will keep in full effect its existence, rights and franchises as a statutory trust under the laws of the State of Delaware or under the laws of any other state or of the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement Notes and the Mortgage Loan Contribution Agreementother Basic Documents. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to the Rating Agencies3.09(g) hereof, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii3.09(g)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the IssuerTrust) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the NotesBonds, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will shall keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or of the United States of America, and will shall obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement Indenture and the Mortgage Loan Contribution AgreementBonds. (b) Subject to Section 3.09(vii3.09(f), the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii3.09(f)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the NotesBonds, the Master Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution FSA Insurance Agreement. (b) Subject to Section 3.09(vii), ) and the prior written consent of the Note Bond Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification it is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Sub-Servicing Agreement, the Insurance Agreement, the Management Agreement, the Sponsor Sale Agreement, the Funding Co. Sale Agreement and the Mortgage Loan Contribution AgreementGuarantee. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to receipt from the Rating AgenciesAgencies of a written statement that their ratings and shadow ratings of the Notes in effect immediately prior to such merger or consolidation will not be qualified, reduced or withdrawn as a result thereof, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the NotesBonds, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), ) and the prior written consent of the Note Bond Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the NotesBonds, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Master Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution FSA Insurance Agreement. (b) Subject to Section 3.09(vii), ) and the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the NotesBonds, the Servicing Agreement, the Insurance Mortgage Loan Contribution Agreement and the Additional Mortgage Loan Contribution Conveyance Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification it is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Sub-Servicing Agreement, the Insurance Agreement, the Additional Transfer Instruments, the Management Agreement, the Depositor Sale Agreement and the Mortgage Loan Contribution Funding Co. Sale Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to receipt from the Rating AgenciesAgencies of a written statement that their ratings and shadow ratings of the Notes in effect immediately prior to such merger or consolidation will not be qualified, reduced or withdrawn as a result thereof, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement, the Issuer will keep in full effect its existence, rights and franchises as a statutory trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, ) and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Insurance Agreement and the Mortgage Loan Contribution Transfer Agreement. (b) Subject to Section 3.09(vii), ) and the prior written consent of the Note Insurer, and written notice to the Rating Agencies, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.

Existence of Issuer. (a) Subject to Sections 3.04(b) and (c) and Section 6.2(a)(ii) of the Deposit Trust Agreement), the Issuer will keep in full effect its existence, rights and franchises as a statutory business trust under the laws of the State of Delaware or under the laws of any other state or the United States of America, and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification it is or shall be necessary to protect the validity and enforceability of this Indenture, the Notes, the Servicing Agreement, the Sub- Servicing Agreement, the Insurance Agreement, the Management Agreement, the Depositor Sale Agreement and the Mortgage Loan Contribution Funding Co. Sale Agreement. (b) Subject to Section 3.09(vii), the prior written consent of the Note Insurer, and written notice to receipt from the Rating AgenciesAgencies of a written statement that their ratings and shadow ratings of the Notes in effect immediately prior to such merger or consolidation will not be qualified, reduced or withdrawn as a result thereof, any entity into which the Issuer may be merged or with which it may be consolidated, or any entity resulting from any merger or consolidation to which the Issuer shall be a party, shall be the successor Issuer under this Indenture without the execution or filing of any paper, instrument or further act to be done on the part of the parties hereto, anything in any agreement relating to such merger or consolidation, by which any such Issuer may seek to retain certain powers, rights and privileges therefore obtaining for any period of time following such merger or consolidation to the contrary notwithstanding (other than Section 3.09(vii)). (c) Upon any consolidation or merger of or other succession to the Issuer in accordance with this Section 3.04, the Person formed by or surviving such consolidation or merger (if other than the Issuer) may exercise every right and power of, and shall have all of the obligations of, the Issuer under this Indenture with the same effect as if such Person had been named as the Issuer herein.