Issue Supplement and Trust Agreement Sample Clauses

Issue Supplement and Trust Agreement. With respect to each Trust, the collective terms of the Trust Documents will govern the issuance and administration of the Certificates related to that Trust and all related matters. As applied to each Trust, the collective terms of the Trust Documents will constitute an agreement as if the collective terms of those instruments were set forth in one single and separate instrument. An Issue Supplement is not considered an Amendment requiring approval pursuant to Article XIV.
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Issue Supplement and Trust Agreement. With respect to each Trust, the collective terms of the Q-Trust Documents will govern the Q-REMIC Interests related to such Trust and all matters related thereto, and will have no applicability to any other Trust or Q-REMIC Interests. As applied to each Trust, the collective terms of the Q-Trust Documents will constitute an agreement as if the collective terms of those instruments were set forth in a single instrument. In the event of a conflict between the terms of this Trust Agreement and the terms of an Issue Supplement for a Trust, the terms of the Issue Supplement will control with respect to that Trust. An Issue Supplement is not considered an Amendment requiring approval pursuant to Article XII.
Issue Supplement and Trust Agreement. With respect to each Trust Fund established by an Issue Supplement and the related Certificates, the collective terms of this Trust Agreement and such Issue Supplement shall govern the issuance and administration of all Certificates related to such Trust Fund, and all matters related thereto, and shall have no applicability to any other Trust Fund or Certificates. As applied to each Trust Fund established by an Issue Supplement, and the related Certificates, the collective terms of such instruments shall constitute an agreement relating exclusively to such Trust Fund and Certificates to like effect as if the collective terms of all such instruments were set forth in a separate instrument, duly executed and delivered by the respective signatories to this Trust Agreement.
Issue Supplement and Trust Agreement. With respect to each Trust, the collective terms of the Trust Documents will govern the issuance and administration of the Certificates related to such Trust and all matters related thereto, and will have no applicability to any other Trust or Certificates. As applied to each Trust, the collective terms of the Trust Documents will constitute an agreement as if the collective terms of those instruments were set forth in a single instrument. In the event of a conflict between the terms of this Trust Agreement and the terms of an Issue Supplement for a Mega Issue or SMBS Series, as applicable, the terms of the Issue Supplement will control with respect to that Mega Issue or SMBS Series, as applicable. An Issue Supplement is not considered an Amendment requiring approval pursuant to Article XI.
Issue Supplement and Trust Agreement. With respect to each Trust, the collective terms of the Trust Documents will govern the issuance and administration of the Certificates related to such Trust and all matters related thereto, and will have no applicability to any other Trust or Certificates. As applied to each Trust, the collective terms of the Trust Documents will constitute an agreement as if the collective terms of those instruments were set forth in a single instrument. In the event of a conflict between the terms of this Trust Agreement and the terms of an Issue Supplement for a Series, the terms of the Issue Supplement will control with respect to that Series. An Issue Supplement is not considered an Amendment requiring approval pursuant to Article XI.
Issue Supplement and Trust Agreement. With respect to each Trust established by this Trust Agreement and the related Issue Supplement, and the related Certificates and any related Lower Tier Regular Interests, the collective terms of this Trust Agreement and the related Issue Supplement shall govern the issuance and administration of such Certificates and any Lower Tier Regular Interests related to such Trust and all matters related thereto, and shall have no applicability to any other Trust or Certificates or Lower Tier Regular Interests. As applied to each Trust established by this Trust Agreement and the related Issue Supplement, and the related Certificates and any related Lower Tier Regular Interests, the collective terms of such instruments shall constitute an agreement relating exclusively to such Trusts, Certificates and Lower Tier Regular Interests to like effect as if the collective terms of all such instruments were set forth in a separate instrument, duly executed and delivered by Xxxxxx Xxx in its corporate capacity and in its capacity as Trustee. In the event of a conflict between the terms of this Trust Agreement and the terms of an Issue Supplement for a Series, the terms of such Issue Supplement shall control with respect to that Series.

Related to Issue Supplement and Trust Agreement

  • Trust Agreement The Trust Agreement has been duly authorized, executed and delivered by the Company, and is a valid and binding agreement of the Company, enforceable against the Company, in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency, or similar laws affecting creditors’ rights generally from time to time in effect and by equitable principles of general applicability.

  • Termination of Trust Agreement (a) The Trust shall dissolve upon the final distribution by the Trustee of all monies or other property or proceeds of the Trust Estate in accordance with the Indenture, the Sale and Servicing Agreement and Article V. The bankruptcy, liquidation, dissolution, death or incapacity of any Certificateholder shall not: (x) operate to dissolve or terminate this Agreement or the Trust, (y) entitle such Certificateholder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of all or any part of the Trust or Trust Estate or (z) otherwise affect the rights, obligations and liabilities of the parties hereto. (b) Except as provided in Section 9.1(a), neither the Depositor nor any Certificateholder shall be entitled to dissolve, revoke or terminate the Trust; provided however, for the sake of clarity, no action is necessary by the Depositor, the Certificateholder or any other Person as a prerequisite for a dissolution under Section 9.1(a) to occur. (c) Notice of any anticipated dissolution of the Trust, specifying the Payment Date upon which the Certificateholders shall surrender their Trust Certificates to the Paying Agent for payment of the final distribution and cancellation, shall be given promptly by the Trustee by letter to Certificateholders mailed within five Business Days of receipt of notice of such anticipated dissolution from the Servicer given pursuant to Section 9.1(c) of the Sale and Servicing Agreement, and such notice from the Trustee shall state: (i) the Payment Date upon which final payment of the Trust Certificates shall be made upon presentation and surrender of the Trust Certificates at the office of the Paying Agent therein designated, (ii) the amount of any such final payment and (iii) that the Record Date otherwise applicable to such Payment Date is not applicable, payments being made only upon presentation and surrender of the Trust Certificates at the office of the Paying Agent therein specified. The Trustee shall give such notice to the Certificate Registrar (if other than the Trustee) and the Paying Agent at the time such notice is given to Certificateholders. Upon presentation and surrender of the Trust Certificates, the Paying Agent shall cause to be distributed to Certificateholders amounts distributable on such Payment Date pursuant to Section 5.2. In the event that all of the Certificateholders shall not surrender their Trust Certificates for cancellation within six months after the date specified in the above mentioned written notice, the Trustee shall give a second written notice to the remaining Certificateholders to surrender their Trust Certificates for cancellation and to receive the final distribution with respect thereto. If within one year after the second notice all the Trust Certificates shall not have been surrendered for cancellation, the Trustee may take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Trust Certificates, and the cost thereof shall be paid out of the funds and other assets that shall remain subject to this Agreement. Any funds remaining in the Trust after exhaustion of such remedies shall be distributed by the Trustee to the Depositor. (d) Upon the dissolution of the Trust and the payment of all liabilities of the Trust in accordance with applicable law, the Trustee shall cause the Certificate of Trust to be canceled by filing a certificate of cancellation with the Secretary of State in accordance with the provisions of Section 3810 (or successor section) of the Trust Statute, at which time the Trust and this Agreement (other than Article VIII) shall terminate.

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