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and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may elect to take and maintain possession of the Trust Estate.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), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-7), Mortgage Loan Purchase Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9)
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and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may may, but need not, elect to take and maintain possession of the Trust Estate.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), 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, 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, 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.. Section 5.06
Appears in 1 contract
Samples: BNP Paribas Mortgage Securities 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, 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.. Section
Appears in 1 contract
Samples: BNP Paribas Mortgage ABS LLC