Common use of NO TITLE TO TRUST ESTATE, ETC Clause in Contracts

NO TITLE TO TRUST ESTATE, ETC. Notwithstanding anything herein to the contrary, and pursuant to Section 3805 of the Trust Statute, a Certificateholder shall have only an undivided beneficial interest in the Trust Estate. Each Certificateholder's indirect interest in the Trust Estate shall be limited and governed in all respects by the provisions of this Trust Agreement. The Certificateholders shall not have title to or any other interest in any part of the Trust Estate. The Certificateholders shall be entitled to receive distributions with respect to its individual beneficial ownership interest herein only in accordance with this Trust Agreement. No transfer, by operation of law or otherwise, of any right, title or interest of a Certificateholder in and to the Trust Estate or hereunder shall operate to terminate this Trust Agreement, the Trust or the trusts hereunder or entitle any successor or transferee to an accounting or to the transfer to it of legal title to any part of the Trust Estate. Any obligation of the Delaware Trustee hereunder or of the Trust under the Indenture or any other document contemplated hereby or thereby may be performed, under extraordinary circumstances, by one or more of the Certificateholders and any such performance shall not be construed as a revocation of the trusts created hereby. The Certificateholders shall not have any liability for the performance of this Trust Agreement except as expressly set forth herein.

Appears in 9 contracts

Samples: Trust Agreement (Nelnet Student Loan Funding LLC), Trust Agreement (Nelnet Student Loan Funding LLC), Trust Agreement (Nelnet Student Loan Funding LLC)

AutoNDA by SimpleDocs

NO TITLE TO TRUST ESTATE, ETC. Notwithstanding anything herein to the contrary, and pursuant to Section 3805 of the Trust Statute, a Certificateholder shall have only an undivided beneficial interest in the Trust Estate. Each Certificateholder's ’s indirect interest in the Trust Estate shall be limited and governed in all respects by the provisions of this Trust Agreement. The Certificateholders shall not have title to or any other interest in any part of the Trust Estate. The Certificateholders shall be entitled to receive distributions with respect to its individual beneficial ownership interest herein only in accordance with this Trust Agreement. No transfer, by operation of law or otherwise, of any right, title or interest of a Certificateholder in and to the Trust Estate or hereunder shall operate to terminate this Trust Agreement, the Trust or the trusts hereunder or entitle any successor or transferee to an accounting or to the transfer to it of legal title to any part of the Trust Estate. Any obligation of the Delaware Trustee hereunder or of the Trust under the Indenture or any other document contemplated hereby or thereby may be performed, under extraordinary circumstances, by one or more of the Certificateholders and any such performance shall not be construed as a revocation of the trusts created hereby. The Certificateholders shall not have any liability for the performance of this Trust Agreement except as expressly set forth herein.

Appears in 1 contract

Samples: Trust Agreement (Gmac Elf LLC)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!