Common use of Mutilated, Destroyed, Lost or Stolen Grantor Trust Certificate Clause in Contracts

Mutilated, Destroyed, Lost or Stolen Grantor Trust Certificate. (a) If (i) a mutilated Grantor Trust Certificate is surrendered to the Grantor Trust Certificate Registrar, or the Grantor Trust Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of the Grantor Trust Certificate, and (ii) there is delivered to the Grantor Trust Certificate Registrar, the Grantor Trust Trustee and the Trust such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of actual knowledge of a Responsible Officer of the Grantor Trust Certificate Registrar or the Grantor Trust Trustee that the Grantor Trust Certificate has been acquired by a protected purchaser, the Grantor Trust Trustee shall execute on behalf of the Trust, and the Grantor Trust Trustee shall authenticate and deliver (or shall cause its authenticating agent to authenticate and deliver), in exchange for or in lieu of the mutilated, destroyed, lost or stolen Grantor Trust Certificate, a replacement Grantor Trust Certificate; provided, however, that the destroyed, lost or stolen Grantor Trust Certificate, but not a mutilated Grantor Trust Certificate, shall have become or within seven (7) days shall be payable, then, instead of issuing a replacement Grantor Trust Certificate, Grantor Trust Paying Agent may make distributions to the registered Holder of such destroyed, lost or stolen Grantor Trust Certificate when so payable.

Appears in 24 contracts

Samples: Grantor Trust Agreement (Carvana Auto Receivables Trust 2024-P2), Grantor Trust Agreement (Carvana Auto Receivables Trust 2024-P2), Grantor Trust Agreement (Carvana Auto Receivables Trust 2024-P3)

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Mutilated, Destroyed, Lost or Stolen Grantor Trust Certificate. (a) If (i) a mutilated the Grantor Trust Certificate is surrendered to the Grantor Trust Certificate Registrar, Trustee or the Authenticating Agent as mutilated or the Grantor Trust Certificate Registrar Trustee or the Authenticating Agent receives evidence to its satisfaction of the destruction, loss or theft of the Grantor Trust Certificate, and (ii) there is delivered to the Grantor Trust Certificate Registrar, the Grantor Trust Trustee and the Trust or Authenticating Agent such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of actual knowledge of a Responsible Officer of notice to the Grantor Trust Certificate Registrar Trustee or the Grantor Trust Trustee Authenticating Agent that the Grantor Trust Certificate has been acquired by a protected bona fide purchaser, the Grantor Trust Trustee shall execute on behalf of and countersign or authenticate (or cause the TrustAuthenticating Agent to authenticate), as the case may be, and the Grantor Trust Trustee shall authenticate and deliver (or shall cause its authenticating agent to authenticate and deliver), in exchange for or in lieu of the any such mutilated, destroyed, lost or stolen Grantor Trust Certificate, a replacement new Grantor Trust Certificate; providedCertificate of like 100% Percentage Interest. Upon the issuance of a new Grantor Trust Certificate under this Section, however, the Grantor Trustee or the Certificate Registrar may require from the Grantor Trust Holder the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expense (including the destroyed, lost fees and expenses of the Grantor Trustee or stolen Authenticating Agent) in connection therewith. Unless a bona fide purchaser of the original Grantor Trust Certificate presents such Grantor Trust Certificate, but not a mutilated Grantor Trust Certificate, shall have become or within seven (7) days shall be payable, then, instead of issuing a replacement Grantor Trust Certificate, Grantor Trust Paying Agent may make distributions to the registered Holder of such destroyed, lost or stolen any duplicate Grantor Trust Certificate when so payableissued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Grantor Trust, as if originally issued, whether or not the lost, stolen, or destroyed Grantor Trust Certificate shall be found at any time.

Appears in 7 contracts

Samples: Grantor Trust Agreement (Master Financial Asset Securitization Trust 1998-2), Grantor Trust Agreement (Empire Funding Home Loan Owner Trust 1998 3), Grantor Trust Agreement (Painewebber Mortgage Acceptance Corporation Iv)

Mutilated, Destroyed, Lost or Stolen Grantor Trust Certificate. (a) If (i) a any mutilated Grantor Trust Certificate is surrendered to the Grantor Trust Certificate Registrar, or the Grantor Trustee and the Grantor Trust Certificate Registrar receives receive evidence to its their satisfaction of the destruction, loss or theft of the Grantor Trust Certificate, and (ii) there is delivered to the Grantor Trust Certificate Registrar, Trustee and the Grantor Trust Trustee and the Trust Certificate Registrar such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of actual knowledge of a Responsible Officer of notice to the Grantor Trustee or the Grantor Trust Certificate Registrar or the Grantor Trust Trustee that the Grantor Trust Certificate has been acquired by a protected bona fide purchaser, the Grantor Trust Trustee shall execute on behalf of the Trust, and the Grantor Trust Trustee Certificate Registrar shall authenticate and deliver (or shall cause its authenticating agent to authenticate and deliver), in exchange for or in lieu of the any such mutilated, destroyed, lost or stolen Grantor Trust Certificate, a replacement Grantor Trust Certificate; provided, however, that the destroyed, lost or stolen Grantor Trust Certificate, but not a mutilated Grantor Trust Certificate, shall have become or within seven (7) days shall be payable, then, instead of issuing a replacement Grantor Trust Certificate, Grantor Trust Paying Agent may make distributions to the registered Holder of such destroyed, lost or stolen new Grantor Trust Certificate when so payableof like tenor and Certificate Percentage Interest but bearing a number not contemporaneously outstanding. Upon the issuance of any new Grantor Trust Certificate under this Section, the Grantor 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 Grantor Trustee and the Grantor Trust Certificate Registrar) connected therewith. Any duplicate Grantor Trust Certificate issued pursuant to this Section shall constitute complete and indefeasible evidence of ownership in the Grantor Trust, as if originally issued, whether or not the lost, stolen or destroyed Grantor Trust Certificate shall be found at any time.

Appears in 5 contracts

Samples: Grantor Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Grantor Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Grantor Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Mutilated, Destroyed, Lost or Stolen Grantor Trust Certificate. (a) If (i) a mutilated Grantor Trust Certificate is surrendered to the Grantor Trust Certificate Registrar, or the Grantor Trust Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of the Grantor Trust Certificate, and (ii) there is delivered to the Grantor Trust Certificate Registrar, the Grantor Trust Trustee and the Trust such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of actual knowledge of a Responsible Officer of the Grantor Trust Certificate Registrar or the Grantor Trust Trustee that the Grantor Trust Certificate has been acquired by a protected purchaser, the Grantor Trust Trustee shall execute on behalf of the Trust, and the Grantor Trust Trustee shall authenticate and deliver (or shall cause its authenticating agent to authenticate and deliver), in exchange for or in lieu of the mutilated, destroyed, lost or stolen Grantor Trust Certificate, a replacement Grantor Trust Certificate; provided, however, that the destroyed, lost or stolen Grantor Trust Certificate, but not a mutilated Grantor Trust Certificate, shall have become or within seven (7) days shall be payable, then, instead of issuing a replacement Grantor Trust Certificate, Grantor Trust Paying Agent may make distributions to the registered Holder of such destroyed, lost or stolen Grantor Trust Certificate when so payable.

Appears in 3 contracts

Samples: Grantor Trust Agreement (Carvana Auto Receivables Trust 2020-P1), Grantor Trust Agreement (Carvana Auto Receivables Trust 2020-P1), Carvana Receivables Depositor LLC

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Mutilated, Destroyed, Lost or Stolen Grantor Trust Certificate. (a) If (i) a mutilated Grantor Trust Certificate is surrendered to the Grantor Trust Certificate Registrar, or the Grantor Trust Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of the Grantor Trust Certificate, and (ii) there is delivered to the Grantor Trust Certificate Registrar, the Grantor Trust Trustee and the Grantor Trust such security or indemnity as may be required by them to hold each of them harmless, then, in the absence of actual knowledge of a Responsible Officer of the Grantor Trust Certificate Registrar or the Grantor Trust Trustee that the Grantor Trust Certificate has been acquired by a protected purchaser, the Grantor Trust Trustee shall execute on behalf of the Grantor Trust, and the Grantor Trust Trustee shall authenticate and deliver (or shall cause its authenticating agent to authenticate and deliver), in exchange for or in lieu of the mutilated, destroyed, lost or stolen Grantor Trust Certificate, a replacement Grantor Trust Certificate; provided, however, that the destroyed, lost or stolen Grantor Trust Certificate, but not a mutilated Grantor Trust Certificate, shall have become or within seven (7) days shall be payable, then, instead of issuing a replacement Grantor Trust Certificate, Grantor Trust Paying Agent may make distributions to the registered Holder of such destroyed, lost or stolen Grantor Trust Certificate when so payable.

Appears in 1 contract

Samples: Trust Agreement (World Omni Auto Receivables LLC)

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