Common use of Optional Preservation of the Trust Estate Clause in Contracts

Optional Preservation of the Trust Estate. If the Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds and other obligations of the Issuer, including payment to the Bond Insurer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 6 contracts

Samples: Indenture (IMPAC CMB Trust Series 2005-5), Indenture (Imh Assets Corp Impac CMB Trust Series 2004-7), Indenture (Imh Assets Corp Impac CMB Trust Series 2003 10)

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Optional Preservation of the Trust Estate. If the Securitized Utility Tariff Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of all or a portion of the Trust Estate. It is the desire of the parties hereto and the Bondholders Holders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Bonds and other obligations of the Issuer, including payment to the Bond InsurerSecuritized Utility Tariff Bonds, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust EstateEstate or sell or liquidate the same, the Indenture Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 6 contracts

Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Securities and other obligations of the Issuer, Issuer [including payment to the Bond InsurerCredit Enhancer], and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 5 contracts

Samples: Indenture (Morgan Stanley Abs Capital I Inc), Indenture (Directors Asset Conduit Corp), Indenture (First Horizon Asset Securities Inc)

Optional Preservation of the Trust Estate. If the Securitization Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of all or a portion of the Trust Estate. It is the desire of the parties hereto and the Bondholders Holders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Bonds and other obligations of the Issuer, including payment to the Bond InsurerSecuritization Bonds, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust EstateEstate or sell or liquidate the same, the Indenture Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 3 contracts

Samples: Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, including payment to the Bond InsurerIssuing Entity, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 3 contracts

Samples: Supplemental Indenture (Bear Stearns ARM Trust 2007-2), Indenture (Bear Stearns ARM Trust 2006-1), Indenture (Bear Stearns ARM Trust 2006-1)

Optional Preservation of the Trust Estate. If the Energy Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of all or a portion of the Trust Estate. It is the desire of the parties hereto and the Bondholders Holders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Bonds and other obligations of the Issuer, including payment to the Bond InsurerEnergy Transition Bonds, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust EstateEstate or sell or liquidate the same, the Indenture Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 3 contracts

Samples: Indenture (Cleco Securitization II LLC), Indenture (Cleco Power LLC), Indenture (Cleco Power LLC)

Optional Preservation of the Trust Estate. If the Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may shall elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds and other obligations of the Issuer, including payment to the Bond Insurer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Impac CMB Trust Series 1998-2)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Senior Notes and other obligations of the Issuer, including payment to the Bond Insurer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 2 contracts

Samples: Indenture (Citigroup Mortgage Loan Trust 2005-11), Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)

Optional Preservation of the Trust Estate. If the Bonds Notes ----------------------------------------- have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Securities and other obligations of the Issuer, Issuer (including payment to the Bond InsurerCredit Enhancer), and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 2 contracts

Samples: Indenture (Provident Bank), Indenture (Indymac Abs Inc)

Optional Preservation of the Trust Estate. If the Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds and other obligations of the Issuer, Issuing Entity including payment to the Bond InsurerCredit Enhancer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Imh Assets Corp)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not (but shall at the written direction of the Enhancer), elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, Issuer including payment to the Bond InsurerEnhancer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 2 contracts

Samples: Indenture (Residential Asset Mortgage Products Inc), Indenture (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, and shall, at the written direction of the Holders of a majority of the aggregate Note Principal Balances of the Notes, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, including payment to the Bond Insurer, Issuer and the Indenture Trustee, unless directed otherwise by the Bond Insurer, shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Optional Preservation of the Trust Estate. If the Bonds Notes have -------------------------------------------- been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, Issuer including payment to the Bond Note Insurer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Thornburg Mortgage Asset Corp)

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Optional Preservation of the Trust Estate. If the Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds and other obligations of the Issuer, including payment to the Bond InsurerBonds, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Allied Capital Corp)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, Issuer [including payment to the Bond InsurerCredit Enhancer], and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Beneficial Mortgage Services Inc)

Optional Preservation of the Trust Estate. If the Bonds Notes have ----------------------------------------- been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, Issuer including payment to the Bond InsurerCredit Enhancer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Greenpoint Credit LLC)

Optional Preservation of the Trust Estate. If the Bonds Notes ----------------------------------------- have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, Issuer including payment to the Bond InsurerCredit Enhancer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Credit Suisse First Boston Mortgage Securities Corp)

Optional Preservation of the Trust Estate. If the Bonds Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Securities and other obligations of the Issuer, Issuing Entity including payment to the Bond InsurerCredit Enhancer, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Chase Funding Inc)

Optional Preservation of the Trust Estate. If the Bonds ----------------------------------------- Notes have been declared to be due and payable under Section 5.02 5.2 following an ----------- Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds and other obligations of the Issuer, including payment to the Bond InsurerNotes, and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Volkswagen Dealer Finance LLC)

Optional Preservation of the Trust Estate. If the Bonds ----------------------------------------- Notes have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate. It is the desire of the parties hereto and the Bondholders Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Bonds Notes and other obligations of the Issuer, Issuer (including payment to the Bond InsurerCredit Enhancer), and the Indenture Trustee, unless directed otherwise by the Bond Insurer, Trustee shall take such desire into account when determining whether or not to take and maintain possession of the Trust Estate. In determining whether to take and maintain possession of the Trust Estate, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Trust Estate for such purpose.

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

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