Mutilated, Destroyed, Lost or Stolen Residual Interest Instruments. If (a) the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Residual Interest Instrument and the Certificate Registrar and the Trust Agent receive such security or indemnity as may be required by them to hold the Certificate Registrar and the Trust Agent harmless, or (b) any mutilated Residual Interest Instrument is surrendered to the Certificate Registrar, then, in the absence of notice to the Certificate Registrar or the Trust Agent that such Residual Interest Instrument has been acquired by a Protected Purchaser and the requirements of Section 8-406 of the UCC are met, and subject to Section 8-405 of the UCC, the Owner Trustee on behalf of the Trust shall execute and the Trust Agent, as its authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Interest Instrument, a new Residual Interest Instrument of like tenor and Percentage Interest. In connection with the issuance of any new Residual Interest Instrument under this Section, the Owner Trustee or, on its behalf, the Trust Agent, may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Any duplicate Residual Interest Instrument 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 Residual Interest Instrument shall be found at any time.
Appears in 12 contracts
Samples: Trust Agreement (Onyx Acceptance Owner Trust 2005-B), Trust Agreement (Onyx Acceptance Owner Trust 2005-A), Trust Agreement (Onyx Acceptance Financial Corp)
Mutilated, Destroyed, Lost or Stolen Residual Interest Instruments. If (a) any mutilated Residual Interest Instrument is surrendered to the Certificate Registrar, or the Certificate Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Residual Interest Instrument Instrument, and (b) there is delivered to the Certificate Registrar and the Trust Agent receive such security or indemnity as may be required by them to hold the Certificate Registrar and the Trust Agent save each of them harmless, or (b) any mutilated Residual Interest Instrument is surrendered to the Certificate Registrar, then, in the absence of notice to the Certificate Registrar or the Trust Agent that such Residual Interest Instrument has been acquired by a Protected Purchaser and the requirements of Section 8-406 of the UCC are met, and subject to Section 8-405 of the UCCbona fide purchaser, the Owner Trustee on behalf of the Trust shall execute and the Trust Agent, as its authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Interest Instrument, a new Residual Interest Instrument of like tenor and Percentage Interestfractional undivided interest. In connection with the issuance of any new Residual Interest Instrument under this Section, the Owner Trustee or, on its behalf, the Trust Agent, may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Any duplicate Residual Interest Instrument 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 Residual Interest Instrument shall be found at any time.
Appears in 8 contracts
Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)
Mutilated, Destroyed, Lost or Stolen Residual Interest Instruments. If (a) any mutilated Residual Interest Instrument shall be surrendered to the Certificate Registrar, or if the Certificate Registrar receives shall receive evidence to its satisfaction of the destruction, loss or theft of any Residual Interest Instrument and (b) there shall be delivered to the Certificate Registrar and the Trust Agent receive Owner Trustee such security or indemnity as may be required by them to hold the Certificate Registrar and the Trust Agent save each of them harmless, or (b) any mutilated Residual Interest Instrument is surrendered to the Certificate Registrar, then, then in the absence of notice to the Certificate Registrar or the Trust Agent that such Residual Interest Instrument has shall have been acquired by a Protected Purchaser and the requirements of Section 8-406 of the UCC are met, and subject to Section 8-405 of the UCCbona fide purchaser, the Owner Trustee or Co-Owner Trustee on behalf of the Trust shall execute and the Trust AgentOwner Trustee, or the Administrator as its the Owner Trustee's authenticating agent, shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Residual Interest Instrument, a new Residual Interest Instrument of like tenor and Percentage Interestdenomination. In connection with the issuance of any new Residual Interest Instrument under this SectionSection 3.5, the Owner Trustee or, on its behalf, or the Trust Agent, Certificate Registrar may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretoconnection therewith. Any duplicate Residual Interest Instrument 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 Residual Interest Instrument shall be found at any time.
Appears in 2 contracts
Samples: Trust Agreement (Home Equity Securitization Corp), Trust Agreement (Residential Asset Funding Corp)