Common use of Filing of Continuation Statements Clause in Contracts

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner Trust, the Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Transferor and the Depositor, respectively, the Transferor and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee and Owner Trustee agree to cooperate with the Transferor and the Depositor in preparing, executing and filing such statements. The filing of any such statement with respect to the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.03 hereof and Section 2.04 of the Home Loan Purchase Agreement. If the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bcap LLC), Sale and Servicing Agreement (Hsi Asset Securitization Corp)

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Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Transferor and ______ or the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee Issuer or to the Owner TrustDepositor, as the Transferor and the Depositor case may be, shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests interests, and priorities of such liens and security interests that have been granted by the Transferor and ______ or the Depositor, respectivelyas the case may be, and ______ Savings Bank, Federal Savings Bank or ______ Investments Holdings, Inc, as the Transferor and the Depositor case may be shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust Issuer has terminated been dissolved pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee and Owner Trustee agree agrees to cooperate with the Transferor ______ and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify ______ and the Depositor on the third Distribution Date prior to each such fifth anniversary of the requirement to file such financing and continuation statements. The filing of any such statement with respect to the Transferor ______ and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.03 hereof and 2.2 or Section 2.04 ____ of the Home Loan Purchase Agreement or Section ____ of the Loan Sale Agreement. If the Transferor ______ or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Transferor ______ or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof and the Indenture Trustee is notified of such failure or has actual knowledge thereof, each of the Transferor and Indenture Trustee shall perform the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements services required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust4.12.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Home Equity Securitization Corp), Sale and Servicing Agreement (Residential Asset Funding Corp)

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Transferor Loan Originator and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner Trust, the Transferor Loan Originator and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Transferor Loan Originator and the Depositor, respectively, and the Transferor Loan Originator and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee and Owner Trustee agree agrees to reasonably cooperate with the Transferor Loan Originator and the Depositor in preparing, executing and filing such statements, at the expense of the Loan Originator or the Depositor, as applicable; provided, however, that the Indenture Trustee shall have no responsibility to prepare or file such statements. The Servicer agrees to notify the Loan Originator and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to the Transferor Loan Originator and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section SECTION 2.03 hereof and Section 2.04 of the Home Loan Purchase Agreementhereof. If the Transferor Loan Originator or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Transferor Loan Originator or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee Loan Originator and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its the Depositor's name and on its the Depositor's behalf and at the Depositor's expense any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner TrustSECTION 4.04.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Franchise Finance Corp of America), Sale and Servicing Agreement (Franchise Finance Corp of America)

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner TrustIssuer, the Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Transferor and the Depositor, respectively, the Transferor and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee Trustee, the Depositor and Owner Trustee agree to cooperate with the Transferor and the Depositor in preparing, executing and filing such statements. The filing of any such statement with respect to the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.03 hereof and Section 2.04 2.3 of the Home Loan Purchase Agreement. If the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner TrustIssuer.

Appears in 1 contract

Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by Life, the Transferor and or the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner TrustTrustee, Life, the Transferor and the Depositor as the case may be shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests interests, and priorities of such liens and security interests that have been granted by Life, the Transferor and or the Depositor, respectivelyas the case may be, and Life Bank, Life Investments Holdings, Inc. or Xxxxxx Xxxxxxx ABS Capital I Inc., as the Transferor and the Depositor case may be shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has been terminated pursuant to Section 9.1 13.1 of the Owner Trust this Agreement. The Indenture Trustee and Owner Trustee agree agrees to cooperate with Life, the Transferor and the Depositor in preparing, executing and filing such statements. The Trustee agrees to notify Life, the Transferor and the Depositor, with a copy to the Certificate Insurer, on the third Distribution Date prior to each such fifth anniversary of the requirement to file such financing and continuation statements. The filing of any such statement with respect to Life, the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in (i) Section 2.03 hereof and Section 2.04 of 2.2 , (ii) the Home Loan Purchase Agreement or (iii) the Sale Agreement. If Life, the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or Life, the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof and the Trustee is notified of such failure or has actual knowledge thereof, each of the Transferor and Trustee shall perform the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements services required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust5.12.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

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Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner Trust, the Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by the Transferor and the Depositor, respectively, the Transferor and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee and Owner Trustee agree to cooperate with the Transferor and the Depositor in preparing, executing and filing such statements. The filing of any such statement with respect to the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.03 hereof and Section 2.04 of the Home Mortgage Loan Purchase Agreement. If the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof, each of the Transferor and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp)

Filing of Continuation Statements. On or before the fifth (or twelfth, as appropriate) anniversary of the filing of any financing statements by Life, the Transferor and the Depositor, respectively, with respect to the assets conveyed to the Owner Trustee or to the Owner Trust, Life, the Transferor and the Depositor shall prepare, have executed by the necessary parties and file in the proper jurisdictions at their expense all financing and continuation statements necessary to maintain the liens, security interests and priorities of such liens and security interests that have been granted by Life, the Transferor and the Depositor, respectively, and Life, the Transferor and the Depositor shall continue to file on or before each fifth (or twelfth) anniversary of the filing of any financing and continuation statements such additional financing and continuation statements until the Owner Trust has terminated pursuant to Section 9.1 of the Owner Trust Agreement. The Indenture Trustee and Owner Trustee agree agrees to cooperate with Life, the Transferor and the Depositor in preparing, executing and filing such statements. The Indenture Trustee agrees to notify Life, the Transferor and the Depositor on the third Payment Date prior to each such fifth anniversary of the requirement that they file such financing and continuation statements. The filing of any such statement with respect to Life, the Transferor and the Depositor shall not be construed as any indication of an intent of any party contrary to the expressed intent set forth in Section 2.03 hereof and Section 2.04 of the Home Loan Purchase Agreementhereof. If Life, the Transferor or the Depositor has ceased to do business whenever any such financing and continuation statements must be filed or Life, the Transferor or the Depositor fails to file any such financing statements or continuation statements at least one month prior to the expiration thereof and the Indenture Trustee is notified of such failure or has actual knowledge thereof, each of Life, the Transferor and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust and the Depositor does hereby make, constitute and appoint the Owner Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trustee and the Depositor does hereby make, constitute and appoint the Indenture Trustee its attorney-in-fact, with full power and authority, to execute and file in its name and on its behalf any such financing statements or continuation statements required under this Section 4.04 relating to assets conveyed to the Owner Trust.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Life Financial Home Loan Owner Trust 1997-3)

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