Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 534 contracts
Samples: Custodial Agreement (Residential Asset Mortgage Products Inc), Terms of Pooling and Servicing Agreement (RALI Series 2007 QS9 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rz3 Trust)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 190 contracts
Samples: Pooling Agreement (Structured Asset Mortgage Investments II Trust 2005-F3), Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2007-9), Pooling Agreement (Structured Asset Mortgage Investments Ii Trust 2005-F1)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or proceeding Proceeding in any court for a partition or winding up of the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 65 contracts
Samples: Market Agent Agreement (Merrill Lynch Depositor Inc Pplus Trust Series SPR 1), Market Agent Agreement (Merrill Lynch Dep Inc Public Steers Trust Cert Ser 1998 F-Z4), Market Agent Agreement (Merrill Lynch Depositor Inc Pplus Trust Series Val 1)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor entitle such Certificateholder's ’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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 55 contracts
Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C25), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C24), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C24)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 53 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor 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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 40 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Structured Products Inc. Trust 2007-R8), Pooling and Servicing Agreement (Bear Stearns Structured Products Inc. Trust 2007-R8), Agreement (Bear Stearns Structured Products Inc. Trust 2008-R1)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 40 contracts
Samples: Trust Agreement (Jetblue Airways Corp), Trust Agreement (Jetblue Airways Corp), Trust Agreement (Jetblue Airways Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties to this Agreement or any of the parties heretothem.
Appears in 24 contracts
Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (National City Bank /), Pooling and Servicing Agreement (Paragon Auto Receivables Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 24 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2018-Gs9), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2016-Bnk2), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2017-C42)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 24 contracts
Samples: Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (First Consumers Master Trust), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement Agreement, or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 24 contracts
Samples: Execution (Amtran Inc), Trust Agreement (Ata Holdings Corp), Execution (Amtran Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders' legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 23 contracts
Samples: Pooling and Servicing Agreement (Travelers Bank Credit Card Master Trust I), Pooling and Servicing Agreement (Providian Master Trust), Pooling and Servicing Agreement (Nextcard Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundIssuing Entity, nor 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 the Trust FundIssuing Entity, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 21 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Investor Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 19 contracts
Samples: Pooling and Servicing Agreement (Proffitts Credit Corp), Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Stage Stores Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 16 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor entitle such Certificateholder's ’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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 14 contracts
Samples: Through Trust Agreement (Sun Country Airlines Holdings, Inc.), Through Trust Agreement, Through Trust Agreement (Sun Country Airlines Holdings, Inc.)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothen.
Appears in 13 contracts
Samples: Base Trust Agreement (Synthetic Fixed Income Securities Inc), Trust Agreement (Structured Products Corp), Trust Agreement (Structured Products Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement Agreement, or the Trust Fundrelated Trust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 12 contracts
Samples: Trust Agreement (Northwest Airlines Corp), Trust Agreement (Northwest Airlines Corp), Trust Agreement (Northwest Airlines Inc /Mn)
Limitation on Rights of Certificateholders. (a) The insolvency, death or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. No Certificateholder of any series shall be entitled to revoke the parties heretorelated Trust.
Appears in 11 contracts
Samples: Through Trust Agreement (Fedex Corp), Through Trust Agreement (Federal Express Corp), Trust Agreement (Alaska Air Group, Inc.)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or Non-Pooled Noteholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's or Non-Pooled Noteholder'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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Pwr8), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Pwr10)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not (1) operate to terminate this Agreement or the Trust FundProperty, nor (2) entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or proceeding Proceeding in any court for a partition or winding up of the Trust Fund, nor Property or (3) otherwise affect the rights, obligations and liabilities of the parties thereto or any of the parties heretothem.
Appears in 10 contracts
Samples: Trust Agreement (Incapital Trust Products II LLC), Trust Agreement (Incapital Trust Products LLC), Trust Agreement (Incapital Trust Products LLC)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothen.
Appears in 10 contracts
Samples: Market Agent Agreement (Lehman Abs Corp), Market Agent Agreement (Lehman Abs Corp), Market Agent Agreement (Lehman Abs Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or Companion Loan Holder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’s or Companion Loan Holder’s legal representatives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding winding-up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (COMM 2015-Lc19 Mortgage Trust), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C28), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C29)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this the Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties to the Agreement or any of the parties heretothem.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (FCC Receivables Corp), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 8 contracts
Samples: Warrant Agent Agreement (Select Asset Inc), Series Supplement (Bear Stearns Depositor Inc), Warrant Agent Agreement (Select Asset Inc)
Limitation on Rights of Certificateholders. (a) The insolvency, death or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. No Certificateholder of any series shall be entitled to revoke the parties heretorelated Trust.
Appears in 8 contracts
Samples: Trust Agreement (America West Airlines Inc), Trust Agreement (American Airlines Inc), Through Trust Agreement (American Airlines Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders' legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding winding-up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Capital One FSB), Pooling and Servicing Agreement (Federal Mogul Corp), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Limitation on Rights of Certificateholders. (a) The insolvency, death or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's ’s legal representatives representative or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. No Certificateholder of any series shall be entitled to revoke the parties heretorelated Trust.
Appears in 7 contracts
Samples: Trust Supplement (Spirit Airlines, Inc.), Intercreditor Agreement (Spirit Airlines, Inc.), Trust Supplement (Spirit Airlines, Inc.)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor or entitle such the Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor or otherwise affect the rights, obligations and liabilities of the parties to this Agreement or any of the parties heretothem.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Mellon Auto Receivables Corp), Pooling and Servicing Agreement (Mellon Auto Grantor Trust 1999-1), Pooling and Servicing Agreement (Mellon Auto Grantor Trust 2000-2)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders’ legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement, Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)
Limitation on Rights of Certificateholders. (a) The death or ------------------------------------------ incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 6 contracts
Samples: Declaration and Agreement (Sce Funding LLC), Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Declaration and Agreement (Pg&e Funding LLC)
Limitation on Rights of Certificateholders. (a) The a)The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor 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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns BSALTA 2004-13), Pooling and Servicing Agreement (Bear Stearns Trust Mortgage Pass-Through Certs Ser 2004), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 10)
Limitation on Rights of Certificateholders. (a) The ------------------------------------------ death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 5 contracts
Samples: Trust Agreement (Db Depositor Inc), Elmwood Funding LTD, Elmwood Funding LTD
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or Companion Loan Holder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’s or Companion Loan Holder’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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2014-Lc18), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-C25), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothen.
Appears in 4 contracts
Samples: Base Trust Agreement (Structured Products Corp), Base Trust Agreement (Structured Products Corp), Reconciliation And (Structured Products Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Jetblue Airways Corp), Pass Through Trust Agreement (Jetblue Airways Corp), Assignment and Assumption Agreement (Jetblue Airways Corp)
Limitation on Rights of Certificateholders. (a) ------------------------------------------ The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Trust Agreement (Lehman Abs Corp), Trust Agreement (Lehman Abs Corp), Trust Agreement (Lehman Abs Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's legal representatives Certificateholders or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Elder Beerman Stores Corp), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Trust Agreement (Trinity Industries Inc), Through Trust Agreement (Trinity Industries Inc), Through Trust Agreement (Trinity Industries Inc)
Limitation on Rights of Certificateholders. (ab) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Custodial Agreement (Residential Asset Mortgage Products Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor entitle such Certificateholder's legal representatives representative or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition petition or winding up of the Trust Fund, nor or otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders’ legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding winding-up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Funding, LLC), Pooling and Servicing Agreement (Capital One Funding, LLC)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundProperty, nor 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 the Trust FundProperty, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Trust Agreement (Ace Securities Corp), Trust Agreement (Ace Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's Certificateholder 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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Pooling and Servicing Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)
Limitation on Rights of Certificateholders. (a) The insolvency, death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. No Certificateholder shall be entitled to revoke the parties heretoTrust.
Appears in 3 contracts
Samples: Through Trust Agreement (Copper Property CTL Pass Through Trust), Trust Agreement, Trust Agreement
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Base Trust Agreement (Structured Products Corp), Trust Agreement (First Industrial Lp), Base Trust Agreement (Structured Products Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Investor Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Investor Certificateholders' legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Muehlstein Holding Corp), Pooling and Servicing Agreement (Muehlstein Holding Corp), Pooling and Servicing Agreement (Firestone Retail Credit Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall the death or incapacity entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Ameriserve Food Distribution Inc /De/), Pooling and Servicing Agreement (Big Flower Press Holdings Inc), Pooling and Servicing Agreement (Healthcare Financial Partners Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Investor Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's legal representatives or heirs to claim an at accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (American Express Centurion Bank), Master Pooling and Servicing Agreement (American Express Centurion Bank), Pooling and Servicing Agreement (American Express Credit Account Master Trust)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Trust Agreement (Fixed Income Trust for Prudential Financial, Inc. Notes, Series 2012-1), Trust Agreement (Fixed Income Trust for Goldman Sachs Subordinated Notes, Series 2011-1), Base Trust Agreement (Synthetic Fixed Income Securities Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor entitle such Certificateholder's legal representatives representa tives or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the Trust Fund, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling Agreement (Bear Stearns Mortgage Securities Inc), Pooling Agreement (Bear Stearns Mortgage Securities Inc), Pooling Agreement (Bear Stearns Mortgage Securities Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or holder of the Companion Loan related to a Whole Loan shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's or Companion Loan Holder'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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-2), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-1), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-6)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this the Trust Agreement or the Trust FundTrust, nor 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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties thereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Credit & Asset Repackaging Vehicle Corp, Credit & Asset Repackaging Vehicle Corp, Credit & Asset Repackaging Vehicle Corp
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundGrantor Trust, nor entitle such Certificateholder's ’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 the Trust FundGrantor Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Grantor Trust Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3), Grantor Trust Agreement (National Collegiate Student Loan Trust 2005-3), Grantor Trust Agreement (National Collegiate Student Loan Trust 2005-2)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties hereto.them. 112
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1)
Limitation on Rights of Certificateholders. (a) The ------------------------------------------ death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders' legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding winding-up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables LLC), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or any Companion Loan Holder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's or Companion Loan Holder'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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-5), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-3), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2008-Ls1)
Limitation on Rights of Certificateholders. (a) The death or ------------------------------------------ incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 3 contracts
Samples: Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp), Through Trust Agreement (Midway Airlines Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 2 contracts
Samples: Custodial Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC)
Limitation on Rights of Certificateholders. (a) The ------------------------------------------ death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders' legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Mail Well Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or Companion Loan Noteholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's or Companion Loan Noteholder'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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-1), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-2)
Limitation on Rights of Certificateholders. (a) The death or ------------------------------------------ incapacity of any Certificateholder of any class shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Through Trust Agreement (United Air Lines Inc), Through Trust Agreement (United Air Lines Inc)
Limitation on Rights of Certificateholders. (a) The insolvency, death or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of them. No Certificateholder of any series shall be entitled to revoke the parties heretorelated Trust.
Appears in 2 contracts
Samples: Trust Agreement (United Air Lines Inc), Trust Agreement (United Air Lines Inc)
Limitation on Rights of Certificateholders. (a) The ------------------------------------------ death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties to this Agreement or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)
Limitation on Rights of Certificateholders. (a) The death or ------------------------------------------ incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem. Section 11.03. [Intentionally omitted.]
Appears in 2 contracts
Samples: Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Declaration and Agreement (Pg&e Funding LLC)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties 168 hereto.
Appears in 2 contracts
Samples: Custodial Agreement (RAMP Series 2004-Rz3 Trust), Pooling and Servicing Agreement (RAMP Series 2004-Rz3 Trust)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asst Back Pass THR Certs Ser 2003-W3), Pooling and Servicing Agreement (Asset-Backed Pass-Through Certificates Series 2003-W7)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any a Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties to this Agreement or any of the parties heretothem.
Appears in 2 contracts
Samples: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Transaction Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Investor Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's ’s legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Master Pooling and Servicing Agreement (Circuit City Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties to this Agreement or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 102 of the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Residential Funding Mortgage Securities I Inc), Pooling and Servicing Agreement (Residential Funding Mortgage Securities I Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or Non-Pooled Mortgage Loan Noteholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's or Non-Pooled Mortgage Loan Noteholder'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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Pwr14)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement Agreement, any Supplement or the Trust FundTrust, nor shall the death or incapacity entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder (other than the Transferor) shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders' legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Target Receivables Corp), Pooling and Servicing Agreement (Pier 1 Imports Inc/De)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder of any class shall not operate to terminate this Agreement or the Trust Fundrelated Trust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Through Trust Agreement (United Air Lines Inc), Trust Agreement (United Air Lines Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder or Companion Loan Noteholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such CertificateholderCertificateholder or Companion Loan Noteholder'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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 2003-1), Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)
Limitation on Rights of Certificateholders. (a) The death ------------------------------------------ or incapacity of any Certificateholder of any series shall not operate to terminate this Agreement Agreement, or the Trust Fundrelated Trust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust Fundrelated Trust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 2 contracts
Samples: Trust Agreement (Mobil Marine Finance Co I Inc), Through Trust Agreement (Mobil Marine Finance Co I Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Sierra Receivables Ii Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of them. No Certificateholder shall have any right to vote (except as provided in Section 11.01) or in any manner otherwise control the parties hereto.operation and management of the Trust, or the obligations of
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HFC Revolving Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 1 contract
Samples: Southpoint Structured Assets Inc
Limitation on Rights of Certificateholders. (ab) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor entitle such Certificateholder's legal representatives 152 or heirs to claim an accounting or to take any action or proceeding in any court for a partition or winding up of the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 1 contract
Samples: Custodial Agreement (Residential Asset Mortgage Products Inc)
Limitation on Rights of Certificateholders. (a) The dissolution, bankruptcy, termination, death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 1 contract
Samples: Trust Agreement (Redwood Trust Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not (i) operate to terminate this Agreement or the Trust FundTrust, nor (ii) 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 the Trust FundTrust, nor or (iii) otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Mortgage Loan Trust 2002-4)
Limitation on Rights of Certificateholders. (a) .......The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder Certificate holder shall not operate to terminate this Agreement the Declaration or the Trust Fund, nor 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 winding-up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of any of the parties heretoTrustee or the Borrower.
Appears in 1 contract
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to 91 97 take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder (other than the Transferor) shall not operate to terminate this Agreement or the Trust FundTrust, nor shall such death or incapacity entitle such Certificateholder's Certificateholders’ legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement these Standard Terms or the Trust FundTrust, nor 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 the Trust Fundapplicable Trust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothen.
Appears in 1 contract
Samples: CSFB Asset Repackaging Depositor LLC
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of any of the parties hereto.,
Appears in 1 contract
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties to this Agreement or any of the parties hereto.them
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Recreational Asset Funding Corp)
Limitation on Rights of Certificateholders. (a) The death or ------------------------------------------ incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor 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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Icifc Secured Assets Corp)
Limitation on Rights of Certificateholders. (a) The death or ------------------------------------------ incapacity of any Certificateholder shall not operate to terminate this Trust Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem. 57 Section 11.03. [Intentionally omitted.]
Appears in 1 contract
Limitation on Rights of Certificateholders. (a) The a)The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's ’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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns BSALTA 2005-1)
Limitation on Rights of Certificateholders. (ai) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust Fund, nor 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 the Trust Fund, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Limitation on Rights of Certificateholders. (a1) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor 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 the Trust FundTrust, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Trust Agreement (NRG Energy Inc)
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrust, nor entitle such Certificateholder's legal representatives or heirs to claim an accounting or to 68 62 take any action or commence any proceeding in any court for a partition or winding up of the Trust FundTrust, nor otherwise affect the rights, obligations obligations, and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Trust Agreement (Atlas Air Inc)
Limitation on Rights of Certificateholders. (a) The ------------------------------------------ death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundProperty, nor 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 the Trust FundProperty, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Limitation on Rights of Certificateholders. (a) The death or incapacity of any Certificateholder shall not operate to terminate this Agreement or the Trust FundTrusts created hereby, nor 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 the Trust FundTrusts, nor otherwise affect the rights, obligations and liabilities of the parties hereto or any of the parties heretothem.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CMC Securities Corp Iii)
