Common use of Form of the Certificates Clause in Contracts

Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller or its affiliates) shall be issued in denominations of at least $2,500,000 (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 of the Code, but in no event less than $250,000). The Certificates shall represent the entire beneficial interest in the Trust. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid and non-assessable beneficial interests in the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any Certificates as set forth in a Certificate Issuance Order shall form part of this Agreement.

Appears in 5 contracts

Samples: Trust Agreement (Superior Wholesale Inventory Financing Trust Xii), Trust Agreement (Superior Wholesale Inventory Financing Trust Ix), Trust Agreement (Superior Wholesale Inventory Financing Trust Xi)

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Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller or its affiliates) shall be issued in denominations of at least $2,500,000 (one or such other amount as the Seller may determine more global certificates in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 of the Codefully registered book-entry form, but in no event less than $250,000). The Certificates shall represent the entire beneficial interest in the Trustname of a nominee of DTC, as described in Section 3.9, substantially in the form set forth in Exhibit C to the Series Trust Agreement and shall be issued in the Class or Classes and in the authorized denominations set forth in the Forepart. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of an authorized officer or Authorized Signatory of the Trustee, pursuant to a written order signed by the Depositor, and authenticated by a Responsible Officer or Authorized Signatory of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign execute or authenticate Certificates on behalf of the Trust, shall be duly issued, fully paid valid and non-assessable beneficial interests in binding obligations of the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. Each Certificate shall bear upon its face the designation so selected for the Class and Series to which it belongs, and may have such letters, numbers or other marks of identification. All Certificates of the same Class shall be identical in all respects except for the denominations thereof. All Certificates of all Classes at any time Outstanding shall be identical except for differences among the Certificates of the different Classes specified in the Forepart. Except as provided in subsection (b) below, all Certificates (and all Classes) issued under the Series Trust Agreement shall be in all respects equally and ratably entitled to the benefits hereof without preference, priority or distinction on account of the actual time or times of authentication and delivery, all in accordance with the terms and provisions of the Series Trust Agreement. (b) The Definitive CertificatesIf so specified in the Forepart, if and when issued in accordance with the terms applicable rights of the Certificateholders holding Certificates of one Class may be senior or subordinated to the relevant class rights of Certificatesthe Certificateholders holding any one or more other Classes, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by specified in the officers executing such Certificates, as evidenced by their execution of such CertificatesForepart. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any Certificates as the Form of Certificate set forth in a Certificate Issuance Order Exhibit C to the Series Trust Agreement shall form part of this the Series Trust Agreement.

Appears in 5 contracts

Samples: Series Trust Agreement (Corporate Asset Backed Corp), Trust Agreement (Corporate Asset Backed Corp), Trust Agreement (Corporate Asset Backed Corp)

Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller or its affiliates) shall be issued in denominations of at least $2,500,000 [ ] (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a "publicly traded partnership" under Section 7704 of the Code, but in no event less than $250,000[ ]). The Certificates shall represent the entire beneficial interest in the Trust. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid and non-assessable beneficial interests in the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Class ______ Certificates will be substantially in the form set forth in Exhibit A to this Agreement. The Certificates of any other class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such other class are issued for the first time. The terms of any Certificates as set forth in the form attached to this Agreement or a Certificate Issuance Order Order, as the case may be, shall form part of this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)

Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller or its affiliates) shall be issued in denominations of at least $2,500,000 $ (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a "publicly traded partnership" under Section 7704 of the Code, but in no event less than $250,000$ ). The Certificates shall represent the entire beneficial interest in the Trust. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid and non-assessable beneficial interests in the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Class ______ Certificates will be substantially in the form set forth in Exhibit A to this Agreement. The Certificates of any other class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such other class are issued for the first time. The terms of any Certificates as set forth in the form attached to this Agreement or a Certificate Issuance Order Order, as the case may be, shall form part of this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Ace Securities Corp), Trust Agreement (Asset Backed Securities Corp)

Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller Depositor or its affiliates) shall be issued in denominations of at least $2,500,000 (or such other amount as the Seller Depositor may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 of the Code, but in no event less than $250,0002,500,000). The Certificates shall represent the entire beneficial interest in the Trust. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid and non-assessable beneficial interests in the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any Certificates as set forth in a Certificate Issuance Order shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)

Form of the Certificates. (a) The Class B Certificates (other than shall be substantially in the Certificates issued pursuant to Section 3.10 to form set forth in Exhibit A-1 and held by the Seller or its affiliates) shall be issued (i) in minimum denominations of at least $2,500,000 20,000 and (or such other amount as ii) in integral multiples of $1,000 in excess thereof. The Class C Certificates shall be substantially in the form set forth in Exhibit A-2 and shall be issued (x) in minimum denominations of $500,000 and (y) in integral multiples of $1,000 in excess thereof, except for one Class C Certificate which may be issued to the Seller may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 of the Code, but in no event less than $250,000). The Certificates shall represent the entire beneficial interest in the Trustany denomination. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issuedbe, fully paid when authenticated pursuant to Section 3.3, validly issued and non-assessable beneficial interests in entitled to the Trustbenefits of the Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, Certificates shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any the Class B Certificates as set forth in a Certificate Issuance Order Exhibit A-1, and the terms of the Class C Certificates set forth in Exhibit A-2, shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Form of the Certificates. (a) Subject to Section 2.7(a), there shall be one class of Certificates which shall be the 6.20% Asset-Backed Certificates of the Trust. The Certificates (other than shall be substantially in the Certificates issued pursuant to Section 3.10 to form set forth in Exhibit A and held by the Seller or its affiliates) shall be issued in minimum denominations of $20,000 and in integral multiples of $1,000 in excess thereof; provided, however, that (a) Certificates shall be issued to the holder of the AO Interest pursuant to Section 2.7 in such denominations as to represent at least $2,500,000 (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 1% of the Code, but initial Certificate Balance and (b) one Certificate may be issued in no event less a denomination other than an integral multiple of $250,000). The Certificates shall represent the entire beneficial interest in the Trust1,000. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid valid and non-assessable beneficial interests in binding obligations of the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, Certificates shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any the Certificates as set forth in a Certificate Issuance Order Exhibit A shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Cit Marine Trust 1999-A)

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Form of the Certificates. (a) Subject to Section 2.7(a), there shall be one class of Certificates which shall be the 7.21% Asset-Backed Certificates of the Trust. The Certificates (other than shall be substantially in the Certificates issued pursuant to Section 3.10 to form set forth in Exhibit A and held by the Seller or its affiliates) shall be issued in minimum denominations of $20,000 and in integral multiples of $1,000 in excess thereof; provided, however, that (a) Certificates shall be issued to the holder of the AO Interest pursuant to Section 2.7 in such denominations as to represent at least $2,500,000 (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 1% of the Code, but initial Certificate Balance and (b) one Certificate may be issued in no event less a denomination other than an integral multiple of $250,000). The Certificates shall represent the entire beneficial interest in the Trust1,000. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid valid and non-assessable beneficial interests in binding obligations of the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, Certificates shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any the Certificates as set forth in a Certificate Issuance Order Exhibit A shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Cit Rv Trust 1999-A)

Form of the Certificates. (a) Subject to Section 2.7(a), there shall be one class of Certificates which shall be the 6.70% Asset-Backed Certificates of the Trust. The Certificates (other than shall be substantially in the Certificates issued pursuant to Section 3.10 to form set forth in Exhibit A and held by the Seller or its affiliates) shall be issued in minimum denominations of $20,000 and in integral multiples of $1,000 in excess thereof; provided, however, that (a) Certificates shall be issued to the holder of the AO Interest pursuant to Section 2.7 in such denominations as to represent at least $2,500,000 (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 1% of the Code, but initial Certificate Balance and (b) one Certificate may be issued in no event less a denomination other than an integral multiple of $250,000). The Certificates shall represent the entire beneficial interest in the Trust1,000. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid validly issued and non-assessable beneficial interests in the Trustoutstanding, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, Certificates shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any the Certificates as set forth in a Certificate Issuance Order Exhibit A shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Cit Rv Trust 1998-A)

Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller Depositor or its affiliates) shall be issued in denominations of at least $2,500,000 (or such other amount as the Seller Depositor may determine in order to prevent the Trust from being treated as a “publicly traded partnership” under Section 7704 of the Code, but in no event less than $250,000). The Certificates shall represent the entire beneficial interest in the Trust. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid and non-assessable beneficial interests in the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Certificates of any class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such class are issued for the first time. The terms of any Certificates as set forth in a Certificate Issuance Order shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Wholesale Auto Receivables Corp)

Form of the Certificates. (a) The Certificates (other than the Certificates issued pursuant to Section 3.10 to and held by the Seller or its affiliates) shall be issued in denominations of at least $2,500,000 (or such other amount as the Seller may determine in order to prevent the Trust from being treated as a "publicly traded partnership" under Section 7704 of the Code, but in no event less than $250,000). The Certificates shall represent the entire beneficial interest in the Trust. The Certificates shall be executed on behalf of the Trust by manual or facsimile signature of a Responsible Officer of the Owner Trustee. Certificates bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be duly issued, fully paid and non-assessable beneficial interests in the Trust, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Certificates or did not hold such offices at the date of authentication and delivery of such Certificates. (b) The Definitive Certificates, if and when issued in accordance with the terms applicable to the relevant class of Certificates, shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods (with or without steel engraved borders) all as determined by the officers executing such Certificates, as evidenced by their execution of such Certificates. (c) The Certificates shall be issued in fully-registered form. The Class 2001-A Certificates will be substantially in the form set forth in Exhibit A to this Agreement. The Certificates of any other class will be substantially in the form attached to the Certificate Issuance Order pursuant to which Certificates of such other class are issued for the first time. The terms of any Certificates as set forth in the form attached to this Agreement or a Certificate Issuance Order Order, as the case may be, shall form part of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Wholesale Auto Receivables Corp)

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