Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 124 contracts
Samples: Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding 2006-E Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 106 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L1), Pooling and Servicing Agreement (PHHMC Series 2007-5 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (aA) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bB) except in the case of a mutilated Certificate so surrendered, there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by it to save each of them it harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Certificate Registrar shall execute, and the Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandinginterest in the Trust. Upon In connection with the issuance of any new Certificate under this SectionSection 3.4, the Trustee Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 104 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C15)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 76 contracts
Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Wachovia Asset Funding Trust, LLC)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor NIMS Insurer and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, purchaser or the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 58 contracts
Samples: Pooling and Servicing Agreement (Park Place Securities, Inc. Series 2005-Wcw1), Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5), Pooling and Servicing Agreement (Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and the Certificate Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 38 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2), Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series 2006-He7), Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Trust Series 2003 He7)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity as may reasonably satisfactory to each, be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 31 contracts
Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Mortgage Capital Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 29 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Series 2000 Lb1), Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1996-Lb1), Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1996-Lb1a)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the TrusteeCertificate Registrar, the Depositor Trustee and the Certificate Registrar Trust Administrator such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or knowledge by the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Paying Agent shall execute, and the Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 23 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar5), Distribution Instructions (Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates, Series 2005-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is shall be surrendered to the Certificate Registrar Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is shall be delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Owner Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate, a new Certificate Certificate, of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingdenomination. Upon In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected connection therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 22 contracts
Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Auto Owner Trust 2004-3), Trust Agreement (Bear Stearns Asset Backed Funding Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and of the ownership thereof and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar Securities Administrator such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them the Securities Administrator and the Trustee harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 7.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 7.03 shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. All Certificates surrendered to the Securities Administrator under the terms of this Section 7.03 shall be canceled and destroyed by the Securities Administrator in accordance with its standard procedures without liability on its part.
Appears in 19 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement, Pooling and Servicing Agreement
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) · any mutilated Certificate certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificatecertificate, and (b) there is delivered to the Trustee· each of CMSI, the Depositor and the Certificate Registrar and the Trustee receive such security or indemnity reasonably satisfactory to each, as it requires to save each of them it harmless, then, in the absence of actual notice to the Trustee or and · neither the Certificate Registrar nor the Trustee is notified that such Certificate the certificate has been acquired by a bona fide purchaserprotected purchaser under Article 8 of the Uniform Commercial Code as in effect in the applicable jurisdiction, then CMSI will execute and the Trustee shall or Authenticating Agent will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificatecertificate, a new Certificate certificate of like tenortenor and initial principal balance, Class and Percentage Interest but bearing a number not contemporaneously outstandinginitial notional balance or percentage interest. Upon In connection with the issuance of any new Certificate certificate under this Sectionsection 5.3, the Trustee Certificate Registrar may require the a payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewithin connection with the issuance. Any duplicate Certificate certificate issued pursuant to this Section shall section 5.3 will constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issuedissued on the closing date, whether or not the lost, stolen or destroyed Certificate shall be certificate is found at any time.
Appears in 18 contracts
Samples: Pooling Agreement (Citicorp Mortgage Securities Inc), Pooling Agreement (Citicorp Mortgage Securities Inc), Pooling Agreement (Citicorp Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Seller and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 6.03, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section 6.03, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 18 contracts
Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/), Custodial Agreement (Delta Funding Corp /De/), Custodial Agreement (Delta Fund Hm Equ Ln 2000-2 Hm Equ Ln Ass BKD CRT Ser 2000-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is shall be surrendered to the Certificate Registrar Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is shall be delivered to the Certificate Registrar and the Owner Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, then in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has shall have been acquired by a bona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstandingSeries principal balance. Upon In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected connection therewith. Any duplicate Certificate issued pursuant to this Section section shall constitute complete and indefeasible conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 16 contracts
Samples: Trust Agreement (Household Auto Receivables Corp), Trust Agreement (HSBC Automotive Trust 2005-2), Trust Agreement (HSBC Automotive Trust (USA) 2006-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is shall be surrendered to the Certificate Registrar Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss loss, or theft of any Certificate, Certificate and (b) there is shall be delivered to the Trustee, the Depositor and the Certificate Registrar or the Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, then in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has shall have been acquired by a bona fide purchaser, the Trustee on behalf of the Trust shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost lost, or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingdenomination. Upon In connection with the issuance of any new Certificate under this SectionSection 11.04, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected connection therewith. Any duplicate Certificate issued pursuant to this Section 11.04 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen stolen, or destroyed Certificate shall be found at any time.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Uacsc 1997-C Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-D Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-a Auto Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and (in the case of a Class C Certificate Registrar or Class P Certificate) the NIMS Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them them, and the Trust Fund, harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-Wl1 Asset-Backed Certificates, Series 2005-Wl1), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-1, Asset-Backed Certs., Series 2005-1), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-3 Asset-Backed Certificates, Series 2005-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor NIMS Insurer and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass-Through Trust, Series 2006-1), Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass Through Certificates, Series 2005-1), Pooling and Servicing Agreement (Park Place Securities Inc. Asset Backed Pass Through Certificates Series 2005-Whq3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and (in the case of a Class C Certificate Registrar or Class P Certificate) the NIMS Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them them, and the Trust Fund, harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide protected purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-9), Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Company and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-1), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and the Certificate Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch5), Pooling and Servicing Agreement (Jpmac 2007-Ch1), Pooling and Servicing Agreement (Jpmac 2007-Ch1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Trustee, the Depositor Registrar and the Certificate Registrar Trustee such security security, indemnity or indemnity reasonably satisfactory to eachbond, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Registrar or the Certificate Registrar Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate or Certificates, in authorized denominations and of like tenor, Class Fractional Undivided Interest and Percentage Interest but bearing a number not contemporaneously outstanding. Upon In connection with the issuance of any new Certificate under this SectionSection 3.07, the Trustee may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.07 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Certificates.
Appears in 9 contracts
Samples: Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Registrar and the Certificate Registrar Trustee such security security, indemnity or indemnity reasonably satisfactory to eachbond, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Registrar or the Certificate Registrar Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate or Certificates of like tenorseries, Class in authorized denominations and Percentage Interest but bearing a number not contemporaneously outstandingof like Fractional Undivided Interest. Upon In connection with the issuance of any new Certificate under this SectionSection 3.05, the Trustee may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in the related Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Samples: Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Corp), Trust Agreement (Northwest Airlines Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, the Depositor Servicers, the Master Servicer and the Certificate Registrar Securities Administrator such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc3), Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 6.03, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.03, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Greenpoint Mortgage Securities Inc/), Pooling and Servicing Agreement (Cwabs Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, the Depositor Securities Administrator and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to a Responsible Officer of the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp), Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1), Pooling and Servicing Agreement (Hsi Asset Securitization Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, Trustee and the Depositor and (in the case of a Class C Certificate Registrar or Class P Certificate) the NIMS Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them them, and the Trust Fund, harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2004-6, Asset-Backed Certs., Series 2004-6), Pooling and Servicing Agreement (Long Beach Securities Corp Certs Series 2003-4), Pooling and Servicing Agreement (Long Beach Securities Corp Asset Back Certs Ser 2003-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its respective satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor and Trustee or the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 5.06, the Trustee Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.06 shall constitute complete and indefeasible evidence of ownership in the Trust, Trust as if originally issued, whether or not the lostdestroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co), Underwriting Agreement (Saxon Asset Securities Co)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, the Depositor Servicer, the Master Servicer, the Trustee and the Certificate Registrar Securities Administrator such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He1), Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Registrar and the Certificate Registrar Pass Through Trustee such security security, indemnity or indemnity reasonably satisfactory to eachbond, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Registrar or the Certificate Registrar Pass Through Trustee that such Certificate has been acquired by a bona fide purchaser, the Pass Through Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Fractional Undivided Interest but bearing a number not contemporaneously outstandingwith the same final Regular Distribution Date. Upon In connection with the issuance of any new Certificate under this SectionSection 3.5, the Pass Through Trustee may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Pass Through Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in the Pass Through Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Samples: Through Trust Agreement (Union Tank Car Co), Through Trust Agreement (Union Tank Car Co), Union Tank Car Co
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Morgan J P Commercial Mortgage Finance Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Morgan J P Commercial Mortgage Finance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 6.03, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section 6.03 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Lehman Home Equity Loan Trust 2004-3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Trust Agreement (Salomon Brothers Mort Sec Vii Inc Trust Cert Series 1996-4), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Registrar Transfer Agent and Registrar, or the Certificate Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Trustee, the Depositor Transfer Agent and Registrar and the Certificate Registrar Trustee such security or indemnity as may be reasonably satisfactory to each, required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Transferor shall execute and the Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingaggregate Undivided Interest. Upon In connection with the issuance of any new Certificate under this SectionSection 6.4, the Trustee or the Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Chase Credit Card Master Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such reasonable security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 6.3, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.3, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc), Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc), Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is shall be surrendered to the Certificate Registrar Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is shall be delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Owner Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has shall have been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee shall authenticate and deliver, in exchange for for, or in lieu of of, any such mutilated, destroyed, lost or stolen Certificate a new Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingdenomination. Upon In connection with the issuance of any new Certificate under this SectionSection 3.5, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected connection therewith. Any duplicate Certificate issued pursuant to this Section 3.5 shall constitute complete and indefeasible conclusive evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Trust Agreement (Usaa Federal Savings Bank), Trust Agreement (Usaa Federal Savings Bank Usaa Auto Owner Trust 2001-1), Trust Agreement (Usaa Federal Savings Bank)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Trust Administrator, or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee Trust Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (aA) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bB) except in the case of a mutilated Certificate so surrendered, there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by it to save each of them it harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Certificate Registrar shall execute, and the Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandinginterest in the Trust. Upon In connection with the 144 issuance of any new Certificate under this SectionSection 3.4, the Trustee Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 3.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C16), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C16)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustREMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity as may be reasonably satisfactory to each, required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Criimi Mae CMBS Corp), Pooling and Servicing Agreement (Criimi Mae CMBS Corp), Pooling and Servicing Agreement (DLJ Commercial Mortgage Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Servicer, the Transferor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Capitol Revolving Home Equity Loan Trust 1996-1), Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Trustee, the Depositor Registrar and the Certificate Registrar Trustee such security security, indemnity or indemnity reasonably satisfactory to eachbond, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Registrar or the Certificate Registrar Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class series and Percentage of like Fractional Undivided Interest but bearing a number not contemporaneously outstandingwith the same final Regular Distribution Date. Upon In connection with the issuance of any new Certificate under this SectionSection 3.05, the Trustee may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.05 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in the related Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Trust Agreement (Gatx Corp), Through Trust Agreement (Gatx Corp), Trust Agreement (Gatx Financial Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorthe same Class, Class tenor and denomination or Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Every new Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issuedissued on the Closing Date, regardless of whether any destroyed, lost or not the lost, stolen or destroyed Certificate in lieu of which such new Certificate was issued shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc), Pooling and Servicing Agreement (Union Planters Mortgage Finance Corp), Pooling and Servicing Agreement (Union Planters Home Equity Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Certificate Registrar shall execute, and the Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Chase Commercial Mort Sec Corp Com Mor Pa Th Ce Ser 2000-1), Pooling and Servicing Agreement (Chase Commercial Mort Sec Corp Com Mor Pa Th Ce Ser 2000-2), Pooling and Servicing Agreement (GE Commercial Mortgage Corporation, Series 2007-C1 Trust)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Owner Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide protected purchaser, the Owner Trustee on behalf of the Trust shall execute and the Owner Trustee or its authenticating agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandinginterest. Upon In connection with the issuance of any new Certificate under this Section, the Owner Trustee may require the payment by the Holder of a sum sufficient to cover its reasonable fees and expenses and any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewiththereto. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 3 contracts
Samples: Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, the Depositor Servicer, the NIM Insurer, and the Certificate Registrar Securities Administrator such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and Servicer, the Certificate Registrar Seller and, in the case of the Adjustable Rate Group Certificates, the Financial Guaranty Insurer, such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in of the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Salomon Broth Mor Sec Vii Asset Bac Float Rt Cer Se 1997 Lb1), Distribution Instructions (Salomon Brothers Mort Sec Vii Asset Backed Cert 1996-Lb2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee on behalf of the Trust shall execute and the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingfractional undivided interest. Upon In connection with the issuance of any new Certificate under this Section, the Trustee may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewiththereto. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Honda Auto Receivables 1996-a Grantor Trust), Pooling and Servicing Agreement (American Honda Receivables Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity as may be reasonably satisfactory to each, required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC Pool, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp), Pooling and Servicing Agreement (DLJ Commercial Mort Corp Comm Mort Pass THR Cer Ser 1998-Cg1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Sponsor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp), Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate mutilatedCertificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Registrar and the Certificate Registrar Trustee such security security, indemnity or indemnity reasonably satisfactory to eachbond, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Registrar or the Certificate Registrar Trustee that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate or Certificates, in authorized denominations and of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstandingFractional Undivided Interest. Upon In connection with the issuance of any new Certificate under this SectionSection 3.07, the Trustee may shall require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 3.07 shall constitute complete and indefeasible conclusive evidence of ownership the appropriate Fractional Undivided Interest in the related Trust, as if originally issued, whether or not the lost, lost stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, the Depositor Servicer, the Securities Administrator and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee Securities Administrator and the Certificate Registrarits counsel) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1), Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) (except in the case of a mutilated Certificate) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such agreement, security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and the Certificate Registrar shall countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment by the Certificateholder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewiththereto. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Trust and Pooling Agreement (Structured Asset Mortgage Investments Inc), Pooling Agreement (Structured Asset Mortgage Investments Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Trustee or the Certificate Registrar Registrar, or the Certificate Registrar receives and the Trustee receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Trust Agreement (Salomon Brothers Mortgage Securities Vii Inc), Distribution Instructions (Solomon Bros Mort Securities Vii Trust Cert Series 1999 1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is will be surrendered to the Certificate Registrar Registrar, or if the Certificate Registrar receives will receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is will be delivered to the Trustee, the Depositor Certificate Registrar and the Certificate Registrar Owner Trustee such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, then in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Owner Trustee shall on behalf of the Trust will execute, and the Owner Trustee will authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorclass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingdenomination. Upon In connection with the issuance of any new Certificate under this Section, the Owner Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any expense, tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected connection therewith. Any duplicate Certificate issued pursuant to this Section shall will constitute complete and indefeasible conclusive evidence of an ownership interest in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall will be found at any time.
Appears in 2 contracts
Samples: Trust Agreement (Triad Automobile Receivables Trust 2004-A), Trust Agreement (Triad Automobile Receivables Trust 2003-B)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trust Administrator or the Certificate Registrar, or the Trust Administrator and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trust Administrator and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee Trust Administrator or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall authenticate execute and the Certificate Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series MO 2006-He6), Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series MO 2006-He6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any 110 duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp First Franklin Mort Ln Tr 03 Ff1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-Ff2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustPool, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Trust Agreement (American Residential Eagle Inc), Pooling and Servicing Agreement (Sequoia Mortgage Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, each Servicer, the Depositor Securities Administrator and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2006-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2006-He2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate (together, in the case of Bearer Certificates, with all unmatured Coupons, if any, appertaining thereto) is surrendered to the Certificate Registrar Transfer Agent and Registrar, or the Certificate Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the Trustee, the Depositor Transfer Agent and Registrar and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them and the Trust harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Transferor shall execute and the Trustee shall authenticate and deliver(unless the Transfer Agent and Registrar is different from the Trustee, in which case the Transfer Agent and Registrar shall) deliver (in compliance with applicable law), in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingaggregate Undivided Interest. Upon In connection with the issuance of any new Certificate under this SectionSection 6.4, the Trustee or the Transfer Agent and Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Transfer Agent and Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.4 shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Stage Stores Inc), Pooling and Servicing Agreement (Apparel Retailers Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives receive evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the TrusteeCertificate Registrar, the Depositor Trustee and the Certificate Registrar Trust Administrator such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or knowledge by the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Paying Agent shall execute, and the Authenticating Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like 113 denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Series 2004 - HYB4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Series 2004 - HYB4)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Trust Administrator and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee Trust Administrator or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 5.03, the Trustee Trust Administrator or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee Trustee, the Trust Administrator and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American General MRT Ln Asst BCKD Ps THR CRTS Sr 2003-1), Pooling and Servicing Agreement (American General MRT Ln Asst BCKD Ps THR CRTS Sr 2003-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Trust Administrator, or the Certificate Registrar Trust Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeMaster Servicer and the Trust Administrator (and with respect to the Class 2-A-2 Certificates, the Depositor and the Certificate Registrar Class 2-A-2 Insurer) such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Trust Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Trust Administrator shall authenticate execute, countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Trust Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee Trust Administrator and the Certificate Registrarits counsel) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2005-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.. Section 6.04
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor NIMS Insurer and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, purchaser or the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute 130 complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset-Backed Pass-Through Certificates Series 2004-W1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity as may be reasonably satisfactory to each, required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee Certificate Registrar shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible 104 evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp First Frank Mort Ln Tr 2002-Ff2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible 106 evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp Asset Back Cert Ser 2003-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona 116 fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp First Frank Mort Loan Tr 2004-Ffh1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lostdestroyed, lost or stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust Agreement (National Financial Securities Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Sponsor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustPool, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Headlands Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor NIMS Insurer and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, purchaser or the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. 130 Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asset Back Pass THR Certs Ser 2004-W6)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or 108 other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Ast Back Certs Ser 2003-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona 118 fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange 130 for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Meritage Mortgage Loan Trust 2004 1)
Mutilated, Destroyed, Lost or Stolen Certificates. 132 If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff5)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any 95 duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp First Franklin Mort Ln Tr 2000 Ff1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor NIMs Insurer and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Flo Rate Mort Pas THR Cert Ser 01 3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.indefeasible
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.. 130
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any 114 duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Cert Ser 2003 Ffh1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) ------------------------------------------------- any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Home Eq Ln as Bk Cer Ser 1999-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and (in the case of a Class C Certificate Registrar or Class P Certificate) the NIMS Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them them, and the Trust Fund, harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Back Cert Ser 2001-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Home Equity Loan Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Sponsor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate countersign and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class and Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenpoint Mort Sec Inc Mort Back Ps THR Certs Ser 2003-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Certificate Insurer, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Ast BCK Sec Inc Madison Ave Trust 2002-A)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar, or the Trustee and the Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the 112 Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall authenticate execute and the Certificate Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Pass Through Certificates Series 2002 He2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other 105 governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Ser 2002-2)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any CertificateCertificate and of the ownership thereof, and (bii) there is delivered to each of the Trustee, the Depositor Securities Administrator and the Class A Certificate Registrar Insurer such security or indemnity reasonably satisfactory to each, as may be required by it to save each of them it harmless, then, in the absence of actual notice to knowledge by the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide protected purchaser, the Trustee Securities Administrator, shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and of like denomination and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC created hereunder, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such 119 security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2004-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Trustee or the Certificate Registrar Trustee receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and (in the case of a Class C Certificate Registrar or Class P Certificate) the NIMs Insurer such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them them, and the Trust Fund, harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute and authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarTrustee) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2001-1 as Bk Cert Ser 2001-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, and the Certificate Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, the same Class and like Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new 157 Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Trustapplicable REMIC, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or 110 other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Assets Sec Corp First Frank Mort Ln Tr 2002-Ff1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Certificate Registrar Securities Administrator, or the Certificate Registrar Securities Administrator receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (b) there is delivered to the TrusteeDepositor, the Depositor Servicers, the Securities Administrator and the Certificate Registrar Trustee such security or indemnity reasonably satisfactory as may be required by them to each, to save hold each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar Securities Administrator that such Certificate has been acquired by a bona fide purchaser, the Trustee Securities Administrator shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenorClass, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon In connection with the issuance of any new Certificate under this SectionSection 5.03, the Trustee Securities Administrator may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate RegistrarSecurities Administrator) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section 5.03 shall constitute complete and indefeasible evidence of ownership in the Trustownership, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3)
Mutilated, Destroyed, Lost or Stolen Certificates. If (a) any ------------------------------------------------- mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (b) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 6.03, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section 6.03, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Norwest Asset Acceptance Corp)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, Certificate and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute on behalf of the Trust, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected in connection therewith. Any duplicate Certificate issued pursuant to this Section Section, shall constitute 103 complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Series 2002-1)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor Trustee and the Certificate Registrar such security or indemnity as may be reasonably satisfactory to each, required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide protected purchaser, the Trustee Certificate Registrar shall execute, authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Certificate, a new Certificate of the same Subclass and like tenor, Class and Subclass Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this Section, the Trustee and the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other reasonable expenses (including the reasonable fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate replacement Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the TrustTrust Fund, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Trust and Servicing Agreement (American Tower Corp /Ma/)
Mutilated, Destroyed, Lost or Stolen Certificates. If (ai) any mutilated Certificate is surrendered to the Certificate Registrar or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Certificate, and (bii) there is delivered to the Trustee, the Depositor and the Certificate Registrar such security or indemnity reasonably satisfactory to each, as may be required by them to save each of them harmless, then, in the absence of actual notice to the Trustee or the Certificate Registrar that such Certificate has been acquired by a bona fide purchaser, the Trustee shall execute, authenticate and deliver, deliver in exchange for or in lieu of any such mutilated, destroyed, lost last or stolen Certificate, a new Certificate of like tenor, Class tenor and Percentage Interest but bearing a number not contemporaneously outstandingInterest. Upon the issuance of any new Certificate under this SectionSection 6.03, the Trustee or the Certificate Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Certificate Registrar) connected therewith. Any duplicate Certificate issued pursuant to this Section 6.03, shall constitute complete and indefeasible evidence of ownership in the Trust, as if originally issued, whether or not the lost, stolen or destroyed Certificate shall be found at any time.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc One Abs Corp)
