Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation 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, anything herein to the contrary notwithstanding; provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 54 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2010-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2010-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2010-a Owner Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 36 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (National Auto Finance Co Inc), Trust Agreement (Money Store Auto Trust 1996-2)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of to the Owner Trustee hereunder, ; provided that such corporation shall be eligible pursuant to Section ~~10.01~~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~~provided further, ~~further~~however, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 21 contracts

Samples: Trust Agreement (Mmca Auto Owner Trust 2000-2), Trust Agreement (Mmca Auto Owner Trust 2001-1), Trust Agreement (Mmca Auto Receivables Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 20 contracts

Samples: Deposit Trust Agreement (Residential Asset Funding Corp), Trust Agreement (Life Financial Home Loan Owner Trust 1997-3), Trust Agreement (Mego Mortgage Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 19 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Automobile Receivables Trust 2003-C-F), Trust Agreement (Americredit Financial Services Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Board and the Seller (who shall promptly deliver a copy of such notice to the Rating Agencies).

Appears in 19 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Note Rating Agencies.

Appears in 19 contracts

Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Manhattan Bank Usa Chase Credit Card Owner Tr 2001-6)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Security Insurer.

Appears in 15 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2005-C-F), Trust Agreement (AFS SenSub Corp.), Trust Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee (i) shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and (ii) shall file an amendment to the Certificate of Trust as required under Section 9.3, above.

Appears in 15 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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~~, ~~further,~~ and provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 14 contracts

Samples: Trust Agreement (Antigua Funding Corp), Trust Agreement (Olympic Receivables Finance Corp), Trust Agreement (Olympic Receivables Finance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting ~~from~~ form any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies; and provided further, that such successor Owner Trustee shall file an amendment to the Certificate of Trust as described in Section 10.3.

Appears in 14 contracts

Samples: Trust Agreement (Chase Auto Owner Trust 2006-A), Trust Agreement (Chase Auto Owner Trust 2005-B), Trust Agreement (Chase Auto Owner Trust 2005-A)

Merger or Consolidation of Owner Trustee. Any corporation into which ~~the~~ Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which ~~the~~ Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section 10.01~~shall, 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, be the successor of Owner Trustee hereunder; ~~provided, further,~~ provided that ~~the~~ such corporation shall be eligible pursuant to Section 10.1; and provided further that Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 13 contracts

Samples: Trust Agreement (Amsouth Auto Receivables LLC), Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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; provided, ~~provided~~ however, that such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ and provided further that the Owner Trustee shall mail notice of such ~~merger~~ merger, sale, conversion or consolidation to the Rating Agencies.

Appears in 13 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Auto Trust 2005-1), Trust Agreement (Franklin Auto Trust 2008-A)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee ~~shall~~ will be a party, or any 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, provided such corporation ~~shall~~ will be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee ~~shall~~ will mail notice of such merger or consolidation to the Rating Agencies.

Appears in 13 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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~~, ~~further,~~ and provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 12 contracts

Samples: Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Olympic Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 10 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-1), Trust Agreement (AmeriCredit Automobile Receivables Trust 2008-2)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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,~~ hereunder (provided that such corporation shall ~~be eligible pursuant to~~ meet the eligibility requirements set forth in Section ~~10.01~~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, ~~further,~~ further that (a) the Owner Trustee shall mail notice of such merger or consolidation to each Note Rating Agency and (b) the ~~Rating Agencies~~Owner Trustee shall file any necessary amendments to the Certificate of Trust with the Secretary of State.

Appears in 9 contracts

Samples: Trust Agreement (Chase Card Funding LLC), Trust Agreement (Chase Issuance Trust), Trust Agreement (Chase Issuance Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 9 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Trust Agreement (AmeriCredit Prime Automobile Receivables Trust 2007-2-M), Trust Agreement (AFS SenSub Corp.)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ; provided that such corporation shall be eligible pursuant to Section ~~10.01~~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~~provided further, ~~further~~however, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 9 contracts

Samples: Trust Agreement (Daimler Benz Vehicle Receivables Corp), Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Mmca Auto Receivables Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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, provided such ~~corporation~~ entity shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Note Rating Agencies.

Appears in 8 contracts

Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Manhattan Bank Usa)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation 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, anything herein to the contrary notwithstanding; ~~provided~~PROVIDED, ~~further~~FURTHER, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 8 contracts

Samples: Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Toyota Motor Credit Receivables Corp)

Merger or Consolidation of Owner Trustee. Any ---------------------------------------- corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 8 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~11.1, 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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 8 contracts

Samples: Deposit Trust Agreement (Sequoia Residential Funding Inc), Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (Greenpoint Mortgage Securities LLC)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting ~~from~~ form any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ 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 (Chase Manhattan Auto Owner Trust 1998-B), Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Manhattan Bank Usa National Association)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ; provided such corporation 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, ; anything herein to the contrary notwithstanding; 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 (Caterpillar Financial Asset Trust 2005-A), Trust Agreement (Caterpillar Financial Asset Trust 2004-A), Trust Agreement (Caterpillar Financial Funding Corp)

Appears in 7 contracts

Samples: Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Mortgage Conduit Services Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ; provided such corporation 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, ; anything herein to the contrary notwithstanding; provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Administrator.

Appears in 7 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Seller (who shall promptly deliver a copy of such notice to the Rating Agencies).

Appears in 7 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to [the Securities Insurer and] the Rating Agencies.

Appears in 6 contracts

Samples: Owner Trust Agreement (Bcap LLC), Owner Trust Agreement (Etrade Mortgage Backed Securities Corp), Owner Trust Agreement (Hsi Asset Securitization Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided such corporation 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, anything herein to the contrary notwithstanding; provided, that such corporation shall be eligible pursuant to Section 10.01 and, provided, further, that the ~~Owner Trustee~~ Administrator shall mail notice of such merger or consolidation to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 6 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-1)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, ~~conversion~~ conversion, or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 6 contracts

Samples: Deposit Trust Agreement (Residential Resources Inc), Deposit Trust Agreement (Union Planters Mortgage Finance Corp), Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee ~~shall~~ will be a party, or any 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,~~ hereunder (provided that such corporation ~~shall be eligible pursuant to~~ will meet the eligibility requirements set forth in Section 10.01), 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, further,~~ provided further that (a) the Owner Trustee ~~shall~~ will mail notice of such merger or consolidation to each Note Rating Agency and the ~~Rating Agencies~~Beneficiary and (b) the Owner Trustee will file any necessary amendments to the Certificate of Trust with the Secretary of State.

Appears in 5 contracts

Samples: Trust Agreement (American Express Receivables Financing Corp VIII LLC), Trust Agreement (American Express Receivables Financing Corp VIII LLC), Trust Agreement (American Express Issuance Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~11.1, 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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 5 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies, the Depositor and the Master Servicer.

Appears in 5 contracts

Samples: Trust Agreement (HSBC Automotive Trust 2005-1), Trust Agreement (Household Automotive Trust 2004-1), Trust Agreement (Household Auto Receivables Corp)

Appears in 5 contracts

Samples: Trust Agreement (Mellon Auto Receivables Corp), Trust Agreement (FCC Receivables Corp), Trust Agreement (Barnett Auto Receivables Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to ~~Section 10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Security Insurer.

Appears in 4 contracts

Samples: Trust Agreement (UPFC Auto Receivables Trust 2007-B), Trust Agreement (UPFC Auto Receivables Trust 2007-A), Trust Agreement (UPFC Auto Receivables Trust 2006-B)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further (i) that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies, the Depositor and the Master Servicer and (ii) any successor Owner Trustee shall file an amendment to the Certificate of Trust as required by Section 10.3.

Appears in 4 contracts

Samples: Trust Agreement (Household Automotive Trust 2001-1), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Depositor (who shall notify the Rating Agencies).

Appears in 4 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2011-1), Trust Agreement (AmeriCredit Automobile Receivables Trust 2011-1), Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-4)

Merger or Consolidation of Owner Trustee. Any ~~corporation~~ Person into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any ~~corporation~~ Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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 ~~corporation~~ Person shall be eligible pursuant to Section ~~10.01~~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~~, ~~further,~~ provided further that the Owner Trustee shall mail notice of any such merger or consolidation to the Rating Agencies.

Appears in 4 contracts

Samples: Trust Agreement (Painewebber Asset Acceptance Corp), Trust Agreement (Securitized Asset Backed Receivables LLC), Trust Agreement (Ml Asset Backed Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided such corporation 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, anything herein to the contrary notwithstanding; provided, that such corporation shall be eligible pursuant to Section 10.01; and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 4 contracts

Samples: Trust Agreement (Bayview Financial Securities Co LLC), Trust Agreement (HMB Acceptance Corp.), Trust Agreement (HMB Acceptance Corp.)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Class A Insurer, the Backup Insurer and the Rating Agencies.

Appears in 3 contracts

Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to ~~Section 10.01~~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, further,~~ provided further (i) that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies, the Depositor and the Master Servicer and (ii) any successor Owner Trustee shall file an amendment to the Certificate of Trust as required by Section 10.3.

Appears in 3 contracts

Samples: Trust Agreement (Household Automotive Trust Vi Series 2000 3), Trust Agreement (Household Automotive Trust Iv Series 2000-1), Trust Agreement (Household Automotive Trust v Series 2000 2)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ; provided such corporation shall be eligible pursuant to Section ~~10.01~~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, ~~further,~~ further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 3 contracts

Samples: Trust Agreement (Metlife Capital Equipment Loan Trusts), Trust Agreement (Metlife Capital Equipment Loan Trusts), Trust Agreement (Metlife Capital Equipment Loan Trusts)

Appears in 3 contracts

Samples: Trust Agreement (Bas Securitization LLC), Trust Agreement (Bas Securitization LLC), Trust Agreement (Lehman Brothers Asset Securitization LLC)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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,~~ hereunder (provided that such corporation shall ~~be eligible pursuant to~~ meet the eligibility requirements set forth in Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 3 contracts

Samples: Trust Agreement (Hrsi Funding Inc Ii), Trust Agreement (Household Consumer Loan Corp Ii), Trust Agreement (Hrsi Funding Inc Ii)

Merger or Consolidation of Owner Trustee. Any ~~corporation~~ Person into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any ~~corporation~~ Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided that such ~~corporation~~ 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, ; anything herein to the contrary notwithstanding; ~~provided, further,~~ 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 (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it either may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner ~~Trustee~~ Trustee, as the case may be, hereunder, provided such corporation shall be eligible pursuant to Section ~~10.01~~11.1 above, 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, further,~~ provided further that the Owner ~~Trustee~~ Trustee, shall mail notice of such merger or consolidation to the Seller, the Depositor, the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 3 contracts

Samples: Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Renaissance Mortgage Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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~~, provided~~ ; PROVIDED such corporation shall be eligible pursuant to ~~Section~~ SECTION 10.01, 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~~PROVIDED, ~~further,~~ FURTHER that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 3 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it either may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner ~~Trustee~~ Trustee, as the case may be, hereunder, provided such corporation shall be eligible pursuant to Section ~~10.01~~10.1 above, 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, further,~~ provided further that the Owner ~~Trustee~~ Trustee, shall mail notice of such merger or consolidation to the Depositor, the Seller, the Transferor, the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 3 contracts

Samples: Trust Agreement (Lehman Abs Corp), Trust Agreement (Terwin Securitization LLC), Trust Agreement (First Horizon Asset Securities Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Securities Insurer and the Rating Agencies.

Appears in 3 contracts

Samples: Owner Trust Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Owner Trust Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Owner Trust Agreement (Empire Funding Home Loan Owner Trust 1998 3)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided such corporation 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, anything herein to the contrary notwithstanding; provided, that such corporation shall be eligible pursuant to Section 10.01 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agency.

Appears in 3 contracts

Samples: Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation ---------------------------------------- into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided such corporation 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, anything herein to the contrary notwithstanding; provided that such corporation shall be eligible pursuant to Section 8.03 and, provided, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Note Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Daimlerchrysler Master Owner Trust), Trust Agreement (Daimlerchrysler Master Owner Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it either may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner ~~Trustee~~ Trustee, as the case may be, hereunder, provided such corporation shall be eligible pursuant to Section ~~10.01~~10.1 above, 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, further,~~ provided further that the Owner ~~Trustee~~ Trustee, shall mail notice of such merger or consolidation to the Depositor, HFC[, the Insurer] and the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (HFC Revolving Corp), Trust Agreement (Household Mortgage Funding Corp Iii)

Merger or Consolidation of Owner Trustee. Any ~~corporation~~ Person into which the Owner Trustee may be merged or converted or with which it either may be consolidated or any ~~corporation~~ Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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 ~~corporation~~ Person shall be eligible pursuant to Section ~~10.01~~10.1 above, 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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Depositor, HSBC Finance and the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (HSBC Home Equity Loan Trust 2005-3), Trust Agreement (HSBC Home Equity Loan Trust 2005-1)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall ~~mail~~ provide notice of such merger or consolidation to the Board and the Seller (who shall promptly deliver a copy of such notice to the Rating Agencies).

Appears in 2 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided such corporation 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, anything herein to the contrary notwithstanding; ~~provided, further,~~ provided that such corporation shall be eligible pursuant to Section 10.01; and provided further that the Owner Trustee shall mail notice of such merger or consolidation to ~~the~~ each Rating ~~Agencies~~Agency 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 corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner ~~Trustee~~ Trustee, as the case may be, hereunder, provided such corporation shall be eligible pursuant to Section ~~10.01~~10.1 above, 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 further that, ~~further, that~~ the Owner ~~Trustee~~ Trustee, shall mail notice of such merger or consolidation to the Depositor, HFC and the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1), Trust Agreement (Household Mortgage Loan Trust 2003-Hc2)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided that such corporation 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, ; anything herein to the contrary notwithstanding; ~~provided, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation 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, anything herein to the contrary notwithstanding; ~~provided, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 2 contracts

Samples: Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Conduit Receivables Inc)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust)

Merger or Consolidation of Owner Trustee. Any ~~corporation~~ Person into which the Owner Trustee may be merged or converted or with which it may be consolidated or any ~~corporation~~ Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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 ~~corporation~~ Person shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the ~~Rating Agencies~~Lender.

Appears in 2 contracts

Samples: Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (American Business Financial Services Inc /De/)

Merger or Consolidation of Owner Trustee. Any ~~corporation~~ Person into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any ~~corporation~~ Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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 ~~corporation~~ Person shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that (a) the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies, the Indenture Trustee and the Transferor and (b) the Owner Trustee shall file any necessary amendments to the Nevada Certificate of Trust with the Secretary of State.

Appears in 2 contracts

Samples: Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Atlanticus Holdings Corp)

Appears in 2 contracts

Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Trust Agreement (Nissan Auto Receivables Corp Ii)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee ~~shall~~ will be a party, or any 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,~~ hereunder (provided that such corporation ~~shall be eligible pursuant to~~ will meet the eligibility requirements set forth in Section 10.01), 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, further, that~~ provided further that (a) the Owner Trustee ~~shall~~ will mail notice of such merger or consolidation to each Note Rating Agency and the ~~Rating Agencies~~Beneficiary and (b) the Owner Trustee will file any necessary amendments to the Certificate of Trust with the Secretary of State.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement (American Express Receivables Financing Corp VIII LLC)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust)

Appears in 2 contracts

Samples: Trust Agreement (JPMorgan Chase Bank, National Association), Trust Agreement (Chase Manhattan Bank Usa)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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,~~ hereunder (provided that such corporation shall ~~be eligible pursuant to~~ meet the eligibility requirements set forth in Section ~~10.01~~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, further,~~ provided further that (a) the Owner Trustee shall mail notice of such merger or consolidation to each Note Rating Agency and (b) the ~~Rating Agencies~~Owner Trustee shall file any necessary amendments to the Certificate of Trust with the Secretary of State.

Appears in 2 contracts

Samples: Trust Agreement (Conseco Finance Credit Funding Corp), Trust Agreement (Conseco Finance Credit Card Funding Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2), Trust Agreement (Headlands Mortgage Securities Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to ~~Section 10.01~~ss. 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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Advanta Automobile Receivables Trust 1997-2), Trust Agreement (Advanta Automobile Receivables 1998-1)

Appears in 2 contracts

Samples: Trust Agreement (Norwest Auto Receivables Corp), Trust Agreement (Key Consumer Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it either may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner ~~Trustee~~ Trustee, as the case may be, hereunder, provided such corporation shall be eligible pursuant to Section ~~10.01~~10.1 above, 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, further,~~ provided further that the Owner ~~Trustee~~ Trustee, shall mail notice of such merger or consolidation to the Depositor, the Seller, the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 2 contracts

Samples: Trust Agreement (Bond Securitization LLC), Trust Agreement (Fleet Home Equity Loan Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Class A Insurer and the Rating Agencies.

Appears in 2 contracts

Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall (i) mail notice of such merger or consolidation to the Note Insurer and the Rating ~~Agencies~~Agencies and (ii) file an amendment to the Certificate of Trust as required under Section 10.3 above.

Appears in 2 contracts

Samples: Trust Agreement (United Fidelity Finance LLC), Trust Agreement (United Fidelity Auto Receivables Trust 2002-A)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies [and the Security Insurer].

Appears in 1 contract

Samples: Trust Agreement (AFS Funding Trust)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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,~~ hereunder (provided that such corporation shall ~~be eligible pursuant to~~ meet the eligibility requirements set forth in Section ~~10.01~~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,~~ provided further, that the Owner Trustee shall mail notice of such merger or consolidation to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 1 contract

Samples: Trust Agreement (HSBC Private Label Credit Card Master Note Trust (Usa) I)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged ~~or converted~~ or with which it may be consolidated or any corporation resulting from any ~~merger, conversion~~ merger or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~13.01, 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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the ~~Rating Agencies~~Initial Class A Certificateholder.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Finova Group Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which ~~the~~ Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which ~~the~~ Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section 10.01~~shall, 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, be the successor of Owner Trustee hereunder; ~~provided, further,~~ provided that ~~the~~ such corporation shall be eligible pursuant to SECTION 10.1; and provided further that Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.

Appears in 1 contract

Samples: Trust Agreement (Ace Securities Corp Rv & Marine Trust 2001-Rv1)

Appears in 1 contract

Samples: Trust Agreement (Capitalsource Inc)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Owner Trustee, shall be the successor of the Owner ~~Trustee~~ Trustee, as the case may be, hereunder, provided such corporation shall be eligible pursuant to Section ~~10.01~~10.1 above, 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 further that, ~~further, that~~ the Owner Trustee shall mail notice of such merger or consolidation to the Depositor, the Administrator and the Rating Agencies.

Appears in 1 contract

Samples: Trust Agreement (New Century Financial Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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, provided such ~~corporation~~ entity shall be eligible pursuant to Section ~~10.01~~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, further,~~ 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 (Target Credit Card Owner Trust 2005-1)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to ~~Section 10.01~~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, further,~~ 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 (Household Automobile Revolving Trust I)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible ~~pursuant to~~ under the provisions of Section ~~10.01~~5.06, without the execution or filing of any ~~instrument~~ paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding~~; provided, further, that the~~ . The Owner Trustee shall ~~mail~~ provide notice of any such merger ~~or consolidation~~ to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 1 contract

Samples: Trust Agreement (Ace Securities Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee (i) shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and (ii) shall file an amendment to the Certificate of Trust as required under Section 9.3, above. SECTION 9.5.

Appears in 1 contract

Samples: Trust Agreement

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies [and the Insurer].

Appears in 1 contract

Samples: Trust Agreement (AFS SenSub Corp.)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ 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 (Credit Acceptance Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ PROVIDED such corporation shall be eligible pursuant to ~~Section 10.01~~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, further,~~ 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 (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)

Appears in 1 contract

Samples: Trust Agreement (Household Auto Receivables Corp)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, ~~provided~~ provided, however, such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Board and the Seller (who shall promptly deliver a copy of such notice to the Rating Agencies.). SECTION 10.5

Appears in 1 contract

Samples: Trust Agreement

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the~~ . The Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agency.

Appears in 1 contract

Samples: Trust Agreement (Paragon Auto Receivables Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation 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, anything herein to the contrary notwithstanding; ~~provided, further,~~ 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 (Bear Stearns Asset Backed Securities Inc)

Merger or Consolidation of Owner Trustee. ~~Any~~ Notwithstanding anything herein to the contrary, any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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,~~ hereunder (provided that such corporation shall ~~be eligible pursuant to~~ meet the eligibility requirements set forth in Section ~~10.01~~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, ~~further,~~ further that the Owner Trustee shall mail notice of such merger or consolidation to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 1 contract

Samples: Trust Agreement (Household Affinity Funding Corp Iii)

Merger or Consolidation of Owner Trustee. Any ---------------------------------------- corporation into which the Owner Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation 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, anything herein to the contrary notwithstanding; ~~provided, further,~~ 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 (Firstplus Investment Corp)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or consolidation to the Insurer and the Depositor (who will notify the Rating Agencies).

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-B)

Merger or Consolidation of Owner Trustee. Any ---------------------------------------- corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further, that the Owner Trustee shall mail notice of such merger or -------- ------- consolidation to the Rating Agencies.

Appears in 1 contract

Samples: Trust Agreement (Headlands Mortgage Securities Inc)

Merger or Consolidation of Owner Trustee. Any ~~corporation~~ Person into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any ~~corporation~~ Person resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any ~~corporation~~ 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 ~~corporation~~ Person shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that (a) the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies, the Indenture Trustee and the Transferor and (b) the Owner Trustee shall file any necessary amendments to the Certificate of Trust with the Secretary of State.

Appears in 1 contract

Samples: Trust Agreement (Cabela's Credit Card Master Note Trust)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating Agencies.. Back to Contents

Appears in 1 contract

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2004-a-F)

Merger or Consolidation of Owner Trustee. Any corporation into which the Owner Trustee may be merged or converted or with which it may be ~~consolidated~~ consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Owner Trustee shall be a party, or any 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, provided such corporation shall be eligible pursuant to Section ~~10.01~~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, further,~~ provided further that the Owner Trustee shall mail notice of such merger or consolidation to the Rating ~~Agencies~~Agencies and the Security Insurer.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F)

Common use of Merger or Consolidation of Owner Trustee Clause in Contracts