Common use of Holder or Certificateholder Clause in Contracts

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer. After a Section 7.01(c) Purchase Event other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier REMIC 1 Uncertificated Regular Interests.

Appears in 3 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2006-8), Trust Agreement (Lehman Mortgage Trust 2007-6), Trust Agreement (LMT 2006-4)

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Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer Servicer, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(c7.01(d) Purchase Event other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, andEvent, except in the case of the Class LT-R R-1 and Class LT-R-2 Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 3.09, 5.02(b) through (h) and 5.07(c11.03 (a) and (fb) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Pooling REMIC 1 Uncertificated Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-1), Trust Agreement (Lehman XS Trust 2006-17), Trust Agreement (Lehman XS Trust, Series 2005-8)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the any Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the any Cap Counterparty or any Servicer. After a Section 7.01(c) Purchase Event other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-LTURI holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier REMIC 1 Uncertificated Regular Interests.

Appears in 2 contracts

Samples: Trust Agreement (Lehman Mortgage Trust 2008-2), Trust Agreement (Lehman Mortgage Trust 2008-6)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicerthe Securities Administrator, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof of any such entity shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer, the Securities Administrator, the Credit Risk Manager or the Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator, the Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (hg) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular Interests.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Class 1-A1 Cap Counterparty, the Class 2-A1 Cap Counterparty, the Class 3-A1 Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Class 1-A1 Cap Counterparty, the Class 2-A1 Cap Counterparty, the Class 3-A1 Cap Counterparty or any such Servicer. After a Section 7.01(c) Purchase Event other than in Sections 5.02(a) through (hk) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 and 5.07(c), (f) and (fi) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier REMIC 1 Uncertificated Regular Interests.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2005-2)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty Credit Risk Manager, or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Servicer and any Servicer or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular InterestsInterests HUD: The United States Department of Housing and Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff10)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, the Securities Administrator, any Servicer, the any Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Securities Administrator, the Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator or any Servicer. After a Section 7.01(c) Purchase Event other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier REMIC 1 Uncertificated Regular Interests.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2007-10)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any the Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any the Servicer. After a Section 7.01(c) Purchase Event other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier REMIC 1 Uncertificated Regular Interests.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2006-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, the Securities Administrator, any Servicer, Servicer or the Cap Counterparty Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee Securities Administrator shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee Securities Administrator knows to be so owned shall be disregarded. The Trustee Securities Administrator and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Trustee, the applicable Servicer and any Servicer or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Trustee, any Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular Interests. HomEq: HomEq Servicing Corporation.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc2)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicerthe Securities Administrator, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer, the Securities Administrator, the Credit Risk Manager or the Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Securities Administrator, the Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (hg) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular Interests. HUD: The United States Department of Housing and Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Swap Counterparty, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer Servicer, the Swap Counterparty, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Swap Counterparty, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(c7.01(d) Purchase Event Event, other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Pooling REMIC 1 Uncertificated Regular InterestsInterests (in the case of a Section 7.01(d) Purchase Event).

Appears in 1 contract

Samples: Trust Agreement (LXS 2007-8h)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer or the Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer or the Servicer, the Cap Counterparty or any Servicerrespectively. After a Section 7.01(c7.01(d) Purchase Event Event, other than in Sections 5.02(a5A.02(a) through (hf) and Sections 5B.02(a) through (c) and 11.03(a) and (b) herein, and, except in the case of the Class I-LT-R and Class II-LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Pooling REMIC 1 Uncertificated Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests) and the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests).

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2007-5h)

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Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Servicer and any Servicer or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (hg) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular Interests.

Appears in 1 contract

Samples: Trust Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty Servicer or the Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Servicer and any Servicer or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (hg) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular Interests. HUD: The United States Department of Housing and Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any the Servicer, the Cap Counterparty Credit Risk Manager, or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the Servicer and any Servicer or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Servicer or any Servicerthe Credit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (he) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular InterestsInterests HUD: The United States Department of Housing and Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corporation, 2005 OPT-1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, Servicer or the Cap Counterparty Credit Risk Manager or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer, the applicable Servicer and any Servicer or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, any Servicer or the Cap Counterparty or any ServicerCredit Risk Manager. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (hg) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated Regular Interests.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP 2007-Bc1)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicerthe Securities Administrator, the Cap Counterparty Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee or the Securities Administrator shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee or the Securities Administrator, as applicable, knows to be so owned shall be disregarded. The Trustee and the Securities Administrator may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer, the Trustee, the Securities Administrator or the Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty Trustee, the Securities Administrator or any the Servicer. After a Section 7.01(c) Purchase Event Event, other than in Sections 5.02(a5.02(b) through (hi) and 11.03(a) and (b) herein, and, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Uncertificated REMIC 1 Uncertificated I Regular Interests. HUD: The United States Department of Housing and Urban Development, or any successor thereto.

Appears in 1 contract

Samples: Trust Agreement (TBW 2006-3)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer Servicer, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(c7.01(d) Purchase Event other than in Sections 5.02(a) through (h) and 11.03(a) and (b) herein, andEvent, except in the case of the Class LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.09 3.09, 5.02(b) through (h) and 5.07(c11.03 (a) and (fb) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Pooling REMIC 1 Uncertificated Regular InterestsInterests (in the case of a Section 7.01(d) Purchase Event).

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-19)

Holder or Certificateholder. The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Swap Counterparty, the Cap Counterparty or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee and any NIMS Insurer may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer Servicer, the Swap Counterparty, the Cap Counterparty or the applicable Servicer, in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, the Swap Counterparty, the Cap Counterparty or any Servicer, respectively. After a Section 7.01(c7.01(d) Purchase Event Event, other than in Sections 5.02(a5A.02(a) through (h), Sections 5B.02(a) through (g), Sections 5C.02(a) through (g), Sections 5D.02(a) through (h) and 11.03(a) and (b) herein, and, except in the case of the Class 1-LT-R, Class 2-LT-R, Class 3-LT-R and Class 4-LT-R Certificates, Sections 3.03, 3.04, 3.05, 3.06, 3.07, 3.07 and 3.09 and 5.07(c) and (f) herein, all references in this Agreement to “Holder” or “Certificateholder” shall be deemed to be references to the LTURI-holder, as recorded on the books of the Certificate Registrar, as holder of the Lower Tier Pooling REMIC 1 Uncertificated Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests), the Pooling REMIC 2 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 2 Regular Interests), the Pooling REMIC 3 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 3 Regular Interests) and the Pooling REMIC 4 Regular Interests (in the case of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 4 Regular Interests).

Appears in 1 contract

Samples: Custodial Agreement (LXS 2007-3)

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