Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 283 contracts
Samples: Trust Agreement, Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Opteum Mortgage Acceptance CORP)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, provided such Person shall be eligible pursuant to Section 9.1, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation or succession to the Depositor (who shall notify the Rating Agencies).
Appears in 239 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (Exeter Automobile Receivables Trust 2024-5)
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person corporation shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 113 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2005-4), Trust Agreement (Harley Davidson Customer Funding Corp)
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person corporation shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 64 contracts
Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Bond Securitization LLC), Trust Agreement (Deutsche Recreational Asset Funding Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies10.1.
Appears in 64 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 10.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to the Administrator and the Administrator shall make such notice available to each Rating AgenciesAgency; and provided further, that such successor Owner Trustee shall file an amendment to the Certificate of Trust as described in Section 10.03.
Appears in 60 contracts
Samples: Trust Agreement (Hyundai Auto Receivables Trust 2024-C), Trust Agreement (Hyundai Auto Receivables Trust 2024-C), Trust Agreement (Hyundai Auto Receivables Trust 2024-B)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 10.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to each Rating Agency; and provided further, that such successor Owner Trustee shall file an amendment to the Rating AgenciesCertificate of Trust as described in Section 10.03.
Appears in 26 contracts
Samples: Trust Agreement (Hyundai Abs Funding Corp), Trust Agreement (Hyundai Auto Receivables Trust 2009-A), Trust Agreement (Hyundai Auto Receivables Trust 2008-A)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate statutory trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 10.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to the Administrator and the Administrator shall make such notice available to each Rating AgenciesAgency; and provided further, that such successor Owner Trustee shall file an amendment to the Certificate of Trust as described in Section 10.03.
Appears in 25 contracts
Samples: Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2023-A)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, Trustee shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Administrator (who shall make such notice available to each Rating AgenciesAgency pursuant to Section 1.02(c) of the Administration Agreement).
Appears in 16 contracts
Samples: Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2014-4 Owner Trust)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall (i) mail notice of such merger or consolidation to the Rating AgenciesAgencies and (ii) file all amendments to the Certificate of Trust with the Secretary of State if required by the Statutory Trust Statute.
Appears in 10 contracts
Samples: Trust Agreement (Saco I Trust 2005-Gp1), Trust Agreement (SACO I Trust 2006-12), Trust Agreement (GSR Trust 2007-Hel1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Depositor, the Indenture Trustee, the Securities Administrator and the Rating Agencies.
Appears in 9 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2006-3), Trust Agreement (American Home Mortgage Investment Trust 2007-1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, provided such Person shall be eligible pursuant to Section 10.01, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, . Notwithstanding anything contained herein to the contrary notwithstanding; providedcontrary, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the successor Owner Trustee under this Section 10.04 shall mail notice file an amendment to the Certificate of Trust with the Delaware Secretary of State identifying the name and principal place of business of such merger or consolidation to successor in the Rating AgenciesState of Delaware.
Appears in 8 contracts
Samples: Trust Agreement (Cit Funding Co, LLC), Trust Agreement (CIT Equipment Collateral 2005-Vt1), Trust Agreement (Cit Equipment Collateral 2003-Ef1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate statutory trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 10.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to each Rating Agency; and provided further, that such successor Owner Trustee shall file an amendment to the Rating AgenciesCertificate of Trust as described in Section 10.03.
Appears in 7 contracts
Samples: Trust Agreement (BMW Vehicle Owner Trust 2010-A), Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies and the Note Insurer.
Appears in 7 contracts
Samples: Trust Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A), Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Pacificamerica Money Center Inc)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that such Person shall be eligible pursuant to Section 9.01 and, 9.01; provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 7 contracts
Samples: Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, Trustee shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 6 contracts
Samples: Trust Agreement (Honda Auto Receivables 2010-2 Owner Trust), Trust Agreement (Honda Auto Receivables 2009-1 Owner Trust), Trust Agreement (Honda Auto Receivables 2008-2 Owner Trust)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties party hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 9.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 6 contracts
Samples: Trust Agreement (Irwin Home Equity Loan Trust 2005-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-A), Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Depositor, the Indenture Trustee and the Rating Agencies.
Appears in 5 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2004-4), Trust Agreement (American Home Mortgage Investment Trust 2004-4), Trust Agreement (American Home Mortgage Investment Trust 2004-4)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, provided that such Person corporation shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 4 contracts
Samples: Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Credit Enhancer and the Rating Agencies.
Appears in 4 contracts
Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Trust Agreement (Heloc Asset-Backed Notes Series 2003-2)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 10.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to each Rating Agency; and provided, further, that such successor Owner Trustee shall file an amendment to the Rating AgenciesCertificate of Trust as described in Section 10.03.
Appears in 4 contracts
Samples: Trust Agreement (Merrill Auto Trust Securitization 2008-1), Trust Agreement (Merrill Auto Trust Securitization 2007-1), Trust Agreement (Merrill Auto Trust Securitization 2005-1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 hereof and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 3 contracts
Samples: Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 10.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 3 contracts
Samples: Trust Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Trust Agreement (Regions Auto Receivables Trust 2003-1), Trust Agreement (Regions Auto Receivables Trust 2002-1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, provided that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 3 contracts
Samples: Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (Household Consumer Loan Trust 1997-1), Trust Agreement (Household Consumer Loan Trust 1997-2)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 above and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 3 contracts
Samples: Trust Agreement (SG Mortgage Securities, LLC), Trust Agreement (Gmacm Home Equity Loan Trust 2003-He2), Trust Agreement (Residential Asset Mortgage Products Inc)
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person corporation shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to each Rating Agency and the Rating AgenciesSecurity Insurer (so long as no Security Insurer Default shall have occurred and be continuing).
Appears in 3 contracts
Samples: Trust Agreement (First Merchants Acceptance Corp), Trust Agreement (First Merchants Acceptance Corp), Trust Agreement (First Merchants Acceptance Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, Trustee shall be the successor of the Owner Trustee Trustee, hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 3 contracts
Samples: Trust Agreement (Honda Auto Receivables 2005-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2005-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2005-5 Owner Trust)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties party hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 9.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies and the Enhancer.
Appears in 3 contracts
Samples: Trust Agreement (Bear Stearns Asset Backed Securities Inc), Trust Agreement (Irwin Home Equity Loan Trust 2004-1), Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, provided such Person shall be eligible pursuant to Section 11.01, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, . Notwithstanding anything contained herein to the contrary notwithstanding; providedcontrary, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the successor Owner Trustee under this Section 10.04 shall mail notice file an amendment to the Certificate of Trust with the Delaware Secretary of State identifying the name and principal place of business of such merger or consolidation to successor in the Rating AgenciesState of Delaware.
Appears in 3 contracts
Samples: Trust Agreement (Cit Equipment Collateral 2001-1), Trust Agreement (Cit Equipment Collateral 2000-2), Trust Agreement (Cit Equipment Collateral 2000-1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted convert- ed or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation consolida- tion to the Rating AgenciesAgencies and the Bond Insurer.
Appears in 2 contracts
Samples: Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Novastar Mortgage Funding Corp)
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that that, such Person corporation shall be eligible pursuant to Section 9.01 10.01; and, provided, further, that that, the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency and each Swap Counterparty.
Appears in 2 contracts
Samples: Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies and the Bond Insurer.
Appears in 2 contracts
Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Novastar Mortgage Funding Corp)
Merger or Consolidation of Owner Trustee. Any Person into ---------------------------------------- which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, provided such Person shall be eligible pursuant to Section 10.1, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, provided further that the Owner Trustee shall mail notice of any such merger or consolidation to the Rating Agencies.
Appears in 2 contracts
Samples: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Prudential Securities Secured Financing Corp)
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person corporation shall be eligible pursuant to Section 9.01 10.01; and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to each Rating Agency [and the Rating AgenciesNote Insurer].
Appears in 2 contracts
Samples: Deposit Trust Agreement (Banccap Asset Securization Issuance Corp), Deposit Trust Agreement (Aegis Asset Backed Securities Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, provided that such Person shall be eligible pursuant to Section 9.01 and, provided, further, 10.01; provided further that the Owner Trustee shall mail notice of such merger merger, consolidation or consolidation succession to the each Rating AgenciesAgency.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person into ---------------------------------------- which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Note Insurer, the Paying Agent, the Swap Counterparty and the Rating Agencies.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall will be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall will be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall corporation will be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall will mail notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp)
Merger or Consolidation of Owner Trustee. Any Person into ------------------------------------------ which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that such Person shall be eligible pursuant to Section 9.01 and, 9.01; provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Samples: Trust Agreement (Wachovia Asset Securitization Inc)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that that, such Person shall be eligible pursuant to Section 9.01 10.01 and, -------------- ------------- provided, further, that the Owner Trustee shall mail notice of such merger or ----------------- consolidation to all Holders, each Rating Agency, the Rating AgenciesPaying Agent, the Indenture Trustee, the Servicer and the Trust Depositor.
Appears in 1 contract
Samples: Trust Agreement (MCG Capital Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, provided that such Person corporation shall be eligible pursuant to Section 9.01 11.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Note Rating Agencies.
Appears in 1 contract
Samples: Trust Agreement (Mellon Premium Finance Loan Owner Trust)
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person corporation shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to each Rating Agency and the Rating AgenciesNote Insurer (so long as no Note Insurer Default shall have occurred and be continuing).
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that that, such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to all Holders, each Rating Agency, the Rating AgenciesPaying Agent, the Indenture Trustee, the Collateral Manager and the Trust Depositor.
Appears in 1 contract
Samples: Trust Agreement (MCG Capital Corp)
Merger or Consolidation of Owner Trustee. Any Person ---------------------------------------- into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies (and the Swap Counterparty).
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person ---------------------------------------- into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies, the Swap Counterparty and the Swap Guarantor.
Appears in 1 contract
Samples: Trust Agreement (Lehman Abs Corp)
Merger or Consolidation of Owner Trustee. Any Notwithstanding anything herein to the contrary, any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunderhereunder (provided that such Person shall meet the eligibility requirements set forth in Section 9.01), without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, provided further that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 1 contract
Samples: Trust Agreement (Advanta Business Recievables Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties party hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, 9.01; and provided further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesNote Insurer.
Appears in 1 contract
Samples: Deposit Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, provided that such Person shall be eligible pursuant to Section 9.01 10.01; and, provided, further, provided further that the Owner Trustee shall mail notice of such merger or consolidation to all Holders, each Rating Agency, the Rating AgenciesPaying Agent, the Certificate Registrar, the Trustee, the Servicer and the Trust Depositor.
Appears in 1 contract
Samples: Trust Agreement (Ares Capital Corp)
Merger or Consolidation of Owner Trustee. Any Notwithstanding anything herein to the contrary, any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, hereunder (provided that such Person shall meet the eligibility requirements set forth in Section
9.01) without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, provided further that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 1 contract
Samples: Trust Agreement (Advanta Business Recievables Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted convert- ed or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, provided that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation consolida- tion to the Rating Agencies.
Appears in 1 contract
Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies promptly following the consummation thereof.
Appears in 1 contract
Samples: Owner Trust Agreement (GE-WMC Mortgage Securities, L.L.C.)
Merger or Consolidation of Owner Trustee. Any Person into ---------------------------------------- which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesPaying Agent and the Depositor.
Appears in 1 contract
Samples: Trust Agreement (MCG Capital Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail provide written notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the 9.01. Any successor Owner Trustee shall mail notice of such resulting from a merger or consolidation shall file an amendment to the Rating AgenciesCertificate of Trust with the Secretary of State if required by the Statutory Trust Statute.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person corporation shall be eligible pursuant to Section 9.01 and, provided, further, that 10.01. Upon receipt of notice thereof from the Owner Trustee Trustee, the Administrator shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 1 contract
Samples: Trust Agreement (Harley Davidson Customer Funding Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, Trustee shall be the successor of the Owner Trustee hereunder, provided such Person shall be eligible pursuant to Section 10.01 without the execution or filing of any instrument or any further act on the part of any of the parties hereto, . Notwithstanding anything contained herein to the contrary notwithstanding; providedcontrary, that such Person the successor Owner Trustee, under this Section 10.04 shall be eligible pursuant file an amendment to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice Certificate of Trust with the Delaware Secretary of State identifying the name and principal place of business of such merger or consolidation to successor in the Rating AgenciesState of Delaware.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any --------------------------------------------- Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Samples: Owner Trust Agreement (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgency.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)
Merger or Consolidation of Owner Trustee. Any Person ---------------------------------------- into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Samples: Trust Agreement (Imh Assets Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies and the Credit Enhancer.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Notwithstanding anything herein to the contrary, any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunderhereunder (provided that such Person shall meet the eligibility requirements set forth in Section 9.1), without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation file any necessary amendments to the Rating AgenciesCertificate of Trust with the Secretary of State.
Appears in 1 contract
Samples: Trust Agreement (Sunterra Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstandingnot withstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Samples: Trust Agreement (National City Mortgage Capital LLC)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to to
Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies and the Note Insurer.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesDepositor, the Indenture Trustee and the Securities Administrator.
Appears in 1 contract
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating AgenciesAgencies and the Insurer.
Appears in 1 contract
Samples: Trust Agreement (Prudential Securities Secured Financing Corp)
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing (except as required by the Statutory Trust Statute) of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person shall be eligible pursuant to Section 9.01 and, provided, further, that the Owner Trustee shall mail provide written notice of such merger or consolidation to the Rating AgenciesAgencies and the Bond Insurer.
Appears in 1 contract
Merger or Consolidation of Owner Trustee. Any Person entity into which the Owner Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner Trustee hereunder, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, that such Person entity shall be eligible pursuant to Section 9.01 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the each Rating AgenciesAgency.
Appears in 1 contract
