Common use of No Power to Engage in Business or to Vary Investments Clause in Contracts

No Power to Engage in Business or to Vary Investments. Notwithstanding any provision or agreement to the contrary in this Agreement or in any other agreement, the Trustee, acting on behalf of the Trust (but not individually), shall not have any power to engage in any business, commercial or other activity for profit, and the Trustee and the Servicer shall not have any power to vary the Trust estate, whether consisting of a Receivable, a Permitted Investment or any other amount (other than cash payments received with respect to Receivables) in any account maintained for the benefit of the Trust or the Certificateholders or Certificate Owners, by disposition of said property, investment or amount and the reinvestment of the proceeds realized or by any other action calculated to take advantage of any variation or change in the market or in market conditions, for the purpose of improving the investment or return of the Certificateholders or Certificate Owners.

Appears in 6 contracts

Samples: Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Federal Savings Bank)

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No Power to Engage in Business or to Vary Investments. Notwithstanding any provision or agreement to the contrary in this Agreement or in any other agreement, the Trustee, acting on behalf of the Trust (but not individually), shall not have any power to engage in any business, commercial or other activity for profit, and the Trustee and the Servicer shall not have any power to vary the Trust estateEstate, whether consisting of a ReceivableContract, a Permitted an Eligible Investment or any other amount (other than cash payments received with respect to ReceivablesContracts) in any account maintained for the benefit of the Trust or the Certificateholders or Certificate Owners, by disposition of said property, investment or amount and the reinvestment of the proceeds realized or by any other action calculated to take advantage of any variation or change in the market or in market conditions, for the purpose of improving the investment or return of the Certificateholders or Certificate Owners.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-3), Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-4), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

No Power to Engage in Business or to Vary Investments. Notwithstanding any provision or agreement to the contrary in this Agreement or in any other agreement, the Trustee, acting on behalf of the Trust (but not individually), shall not have any power to engage in any business, commercial or other activity for profit, and and, subject to Section 3.2, the Trustee and the Servicer shall not have any power to vary the Trust estateEstate, whether consisting of a ReceivableContract, a Permitted an Eligible Investment or any other amount (other than cash payments received with respect to ReceivablesContracts) in any account maintained for the benefit of the Trust or the Certificateholders or Certificate Owners, by disposition of said property, investment or amount and the reinvestment of the proceeds realized or by any other action calculated to take advantage of any variation or change in the market or in market conditions, for the purpose of improving the investment or return of the Certificateholders or Certificate Owners.or

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

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No Power to Engage in Business or to Vary Investments. Notwithstanding any provision or agreement to the contrary in this Agreement or in any other agreement, the Trustee, acting on behalf of the Trust (but not individually), shall not have any power to engage in any business, commercial or other activity for profit, and and, subject to Section 3.2, the Trustee and the Servicer shall not have any power to vary the Trust estateEstate, whether consisting of a ReceivableContract, a Permitted an Eligible Investment or any other amount (other than cash payments received with respect to ReceivablesContracts) in any account maintained for the benefit of the Trust or the Certificateholders or Certificate Owners, by disposition of said property, investment or amount and the reinvestment of the proceeds realized or by any other action calculated to take advantage of any variation or change in the market or in market conditions, for the purpose of improving the investment or return of the Certificateholders or Certificate Owners.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1998-1)

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