Expense Event. (a) An "Excess Expense Event" will occur, and a Trust Wind-Up Event shall occur under Section 9.02, in the event that the Trustee incurs Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, unless the Swap Counterparty or, if specified as permitted under the Trust Agreement, the Unitholders provide adequate assurance of indemnity to the Trustee in accordance with the terms of subsection (b) or (c), as applicable. (b) Promptly upon the incurrence by the Trustee of Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, and in any event within one Business Day after such incurrence, the Trustee shall provide notice to each Swap Counterparty, the Depositor and the Rating Agencies, if any. If the Trust Agreement so specifies, the Trustee shall also provide notice to the Unitholders. Such notice shall state that an Excess Expense Event shall occur on the fifth Business Day following the provision of such notice unless prior to such day the Swap Counterparty agrees to indemnify the Trustee for Extraordinary Trust Expense in an aggregate amount exceeding the Maximum Reimbursable Amount, and actually incurred by the Trustee as of the date of such agreement, to the reasonable satisfaction of the Trustee and its counsel; provided, however, in no event shall the Trustee be released from its obligations under the Trust Agreement until such fifth Business Day. If the Trust Agreement so specifies, the Unitholders, by unanimous agreement, may provide such indemnification. (c) Following an agreement to indemnify the Trustee for future Extraordinary Trust Expense, upon the incurrence of Extraordinary Trust Expense in excess of the Maximum Reimbursable Amount, then an "Excess Expense Event" will occur unless adequate assurance of indemnity is given to the Trustee in the manner specified in paragraph 9.03(b). (d) Nothing in this Section shall be construed to excuse the Depositor from its indemnification obligations under Section 10.05.
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Samples: Trust Agreement (MS Structured Asset Corp), Trust Agreement (MS Structured Asset Corp), Trust Agreement (MS Structured Asset Corp)
Expense Event. (a) An "Excess Expense Event" will occur, and a Trust Wind-Up Event shall occur under Section 9.02, in In the event that the Trustee incurs Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, unless Amount and neither the Swap Counterparty or, if specified as permitted under the Trust Agreement, nor the Unitholders provide have provided adequate assurance of indemnity to the Trustee in accordance with the terms of subsection paragraph (b) or paragraph (c), as applicable, of this Section (such event, an "Excess Expense Event"), the Trust shall terminate as provided in Section 9.01.
(b) Promptly upon the incurrence by the Trustee of Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, and in any event within one Business Day after such incurrence, the Trustee shall provide notice to each Unitholder, to the Swap Counterparty, the Depositor Counterparty and to the Rating Agencies, if any. If the Trust Agreement so specifies, the Trustee shall also provide notice to the Unitholders. Such notice shall state that an Excess Expense Event shall occur on the fifth seventh calendar day (or, if such day is not a Business Day Day, on the next succeeding day that is a Business Day) following the provision of such notice unless prior to such day either the Unitholders unanimously agree, or the Swap Counterparty agrees agrees, to indemnify the Trustee for Extraordinary Trust Expense in an aggregate amount exceeding the Maximum Reimbursable AmountAmount (or any other amount specified by the party agreeing to indemnify the Trustee), and actually incurred by the Trustee as of the date of such agreement, to the reasonable satisfaction of the Trustee and its counsel; provided, however, in no event shall the Trustee be released from its obligations under the Trust Agreement until such fifth seventh calendar day (or, if such day is not a Business Day. If , on the Trust Agreement so specifies, the Unitholders, by unanimous agreement, may provide such indemnificationnext succeeding day that is a Business Day).
(c) Following an agreement to indemnify the Trustee for future Extraordinary Trust Expense, upon the incurrence of Extraordinary Trust Expense in excess of the Maximum Reimbursable Amount, then an "Excess Expense Event" will occur unless adequate assurance of indemnity is given to the Trustee in the manner specified in paragraph 9.03(b9.05(b).
(d) Nothing in this Section shall be construed to excuse the Depositor from its indemnification obligations under Section 10.05.
Appears in 3 contracts
Samples: Trust Agreement (MSDW Structured Asset Corp), Trust Agreement (MSDW Structured Asset Corp), Trust Agreement (MSDW Structured Asset Corp)
Expense Event. (a) An "Excess Expense Event" will occur, and a Trust Wind-Up Event shall occur under Section 9.02, in In the event that the Trustee incurs Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, unless Amount and neither the Swap Counterparty or, if specified as permitted under nor the Trust Agreement, the Unitholders provide Holders have provided adequate assurance of indemnity to the Trustee in accordance with the terms of subsection paragraph (b) or paragraph (c), as applicable, of this Section (such event, an "Excess Expense Event"), the Trust shall terminate as provided in Section 9.01.
(b) Promptly upon the incurrence by the Trustee of Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, and in any event within one Business Day after such incurrence, the Trustee shall provide notice to each Holder, to the Swap Counterparty, the Depositor Counterparty and to the Rating Agencies, if any. If the Trust Agreement so specifies, the Trustee shall also provide notice to the Unitholders. Such notice shall state that an Excess Expense Event shall occur on the fifth seventh calendar day (or, if such day is not a Business Day Day, on the next succeeding day that is a Business Day) following the provision of such notice unless prior to such day either the Holders unanimously agree, or the Swap Counterparty agrees agrees, to indemnify the Trustee for Extraordinary Trust Expense in an aggregate amount exceeding the Maximum Reimbursable AmountAmount (or any other amount specified by the party agreeing to indemnify the Trustee), and actually incurred by the Trustee as of the date of such agreement, to the reasonable satisfaction of the Trustee and its counsel; provided, however, in no event shall the Trustee be released from its obligations under the Trust Agreement until such fifth seventh calendar day (or, if such day is not a Business Day. If , on the Trust Agreement so specifies, the Unitholders, by unanimous agreement, may provide such indemnificationnext succeeding day that is a Business Day).
(c) Following an agreement to indemnify the Trustee for future Extraordinary Trust Expense, upon the incurrence of Extraordinary Trust Expense in excess of the Maximum Reimbursable Amount, then an "Excess Expense Event" will occur unless adequate assurance of indemnity is given to the Trustee in the manner specified in paragraph 9.03(b9.05(b).
(d) Nothing in this Section shall be construed to excuse the Depositor from its indemnification obligations under Section 10.05.
Appears in 3 contracts
Samples: Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp)
Expense Event. (a) An "“Excess Expense Event" ” will occur, and a Trust Wind-Up Event shall occur under Section 9.02, in the event that the Trustee incurs Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, unless the Swap Counterparty or, if specified as permitted under the Trust Agreement, the Unitholders provide adequate assurance of indemnity to the Trustee in accordance with the terms of subsection (b) or (c), as applicable.
(b) Promptly upon the incurrence by the Trustee of Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, and in any event within one Business Day after such incurrence, the Trustee shall provide notice to each Swap Counterparty, the Depositor and the Rating Agencies, if any. If the Trust Agreement so specifies, the Trustee shall also provide notice to the Unitholders. Such notice shall state that an Excess Expense Event shall occur on the fifth Business Day following the provision of such notice unless prior to such day the Swap Counterparty agrees to indemnify the Trustee for Extraordinary Trust Expense in an aggregate amount exceeding the Maximum Reimbursable Amount, and actually incurred by the Trustee as of the date of such agreement, to the reasonable satisfaction of the Trustee and its counsel; provided, however, in no event shall the Trustee be released from its obligations under the Trust Agreement until such fifth Business Day. If the Trust Agreement so specifies, the Unitholders, by unanimous agreement, may provide such indemnification.
(c) Following an agreement to indemnify the Trustee for future Extraordinary Trust Expense, upon the incurrence of Extraordinary Trust Expense in excess of the Maximum Reimbursable Amount, then an "“Excess Expense Event" ” will occur unless adequate assurance of indemnity is given to the Trustee in the manner specified in paragraph 9.03(b).
(d) Nothing in this Section shall be construed to excuse the Depositor from its indemnification obligations under Section 10.05.
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Expense Event. (a) An "Excess Expense Event" will occur, and a Trust Wind-Up Event shall occur under Section 9.02, in the event that the Trustee incurs Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, unless the Swap Counterparty or, if specified as permitted under the Trust Agreement, the Unitholders provide adequate assurance of indemnity to the Trustee in accordance with the terms of subsection (b) or (c), as applicable.
(b) Promptly upon the incurrence by the Trustee of Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, and in any event within one Business Day after such incurrence, the Trustee shall provide notice to each Swap Counterparty, the Depositor and the Rating Agencies, if any. If the Trust Agreement so specifiesspecified, the Trustee shall also provide notice to the Unitholders. Such notice shall state that an Excess Expense Event shall occur on the fifth Business Day following the provision of such notice unless prior to such day the Swap Counterparty agrees to indemnify the Trustee for Extraordinary Trust Expense in an aggregate amount exceeding the Maximum Reimbursable AmountAmount (or any other amount specified by the party agreeing to indemnify the Trustee), and actually incurred by the Trustee as of the date of such agreement, to the reasonable satisfaction of the Trustee and its counsel; provided, however, in no event shall the Trustee be released from its obligations under the Trust Agreement until such fifth seventh calendar day (or, if such day is not a Business Day, on the next succeeding day that is a Business Day). If the Trust Agreement so specifies, the Unitholders, by unanimous agreement, may provide such indemnification.
(c) Following an agreement to indemnify the Trustee for future Extraordinary Trust Expense, upon the incurrence of Extraordinary Trust Expense in excess of the Maximum Reimbursable Amount, then an "Excess Expense Event" will occur unless adequate assurance of indemnity is given to the Trustee in the manner specified in paragraph 9.03(b).
(d) Nothing in this Section shall be construed to excuse the Depositor from its indemnification obligations under Section 10.05.
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Expense Event. (a) An "Excess Expense Event" will occur, and a Trust Wind-Up Event shall occur under Section 9.02, in In the event that the Trustee incurs Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, unless Amount and neither the Swap Counterparty or, if specified as permitted under the Trust Agreement, nor the Unitholders provide have provided adequate assurance of indemnity to the Trustee in accordance with the terms of subsection paragraph (b) or paragraph (c), as applicable, of this Section (such event, an "Excess Expense Event"), the Trust shall terminate as provided in Section 9.01.
(b) Promptly upon the incurrence by the Trustee of Extraordinary Trust Expense in an aggregate amount exceeding the Trigger Amount, and in any event within one Business Day after such incurrence, the Trustee shall provide notice to each Unitholder, to the Swap Counterparty, the Depositor Counterparty and to the Rating Agencies, if any. If the Trust Agreement so specifies, the Trustee shall also provide notice to the Unitholders. Such notice shall state that an Excess Expense Event shall occur on the fifth seventh calendar day (or, if such day is not a Business Day Day, on the next succeeding day that is a Business Day) following the provision of such notice unless prior to such day either the Unitholders unanimously agree, or the Swap Counterparty agrees agrees, to indemnify the Trustee for Extraordinary Trust Expense in an aggregate amount exceeding the Maximum Reimbursable AmountAmount (or any other amount specified by the party agreeing to indemnify the Trustee) , and actually incurred by the Trustee as of the date of such agreement, to the reasonable satisfaction of the Trustee and its counsel; provided, however, in no event shall the Trustee be released from its obligations under the Trust Agreement until such fifth seventh calendar day (or, if such day is not a Business Day. If , on the Trust Agreement so specifies, the Unitholders, by unanimous agreement, may provide such indemnificationnext succeeding day that is a Business Day) .
(c) Following an agreement to indemnify the Trustee for future Extraordinary Trust Expense, upon the incurrence of Extraordinary Trust Expense in excess of the Maximum Reimbursable Amount, then an "Excess Expense Event" will occur unless adequate assurance of indemnity is given to the Trustee in the manner specified in paragraph 9.03(b)9.05(b) .
(d) Nothing in this Section shall be construed to excuse the Depositor from its indemnification obligations under Section 10.05.
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