Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g).
Appears in 27 contracts
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1999 2), Pooling and Servicing Agreement (Block Mortgage Finance Inc), Pooling and Servicing Agreement (Amresco Residential Securities Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g); provided, that the Trustee shall remain liable for the performance of any such duties notwithstanding any such contractual arrangement.
Appears in 27 contracts
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002 B), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002-A), Pooling and Servicing Agreement (Chec Funding LLC)
Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's ’s covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g); provided, that the Trustee shall remain liable for the performance of any such duties notwithstanding any such contractual arrangement.
Appears in 23 contracts
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2004-A), Pooling and Servicing Agreement (Chec Funding LLC), Pooling and Servicing Agreement (Nationstar Home Equity Loan Trust 2007-B)
Performance of Obligations. The Trustee will not take any action that would release any Person the Company or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1996-3), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1997-3), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1996-4)
Performance of Obligations. (a) The Owner Trustee will not take any action that or permit any action to be taken by others which would release any Person from any of such Person's covenants or obligations under any instrument or document relating to included in the Certificates Trust Estate, or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or documentinstrument, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)Indenture.
Appears in 5 contracts
Samples: Servicing Agreement (Capital One Auto Receivables LLC), Capital One Auto Finance Trust 2002-A, Capital One Auto Receivables LLC
Performance of Obligations. The Trustee will not take any action that would release any Person the Seller, the Master Servicer or the Transferor from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except with the prior written consent of the Certificate Insurer, or as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g).
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Access Financial Lending Corp)
Performance of Obligations. (a) The Trustee will not take any action that would release any Person the Sponsor or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g).
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 2000-1), Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 2000 2), Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1999-3)
Performance of Obligations. The Trustee will not take any action that would release any Person the Sponsor, the Servicer, the Originator or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Equivantage Acceptance Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-5), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1997-3)
Performance of Obligations. The Trustee will not take any action that would release any Person the Unaffiliated Seller, the Servicer, or the Originator from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person the Seller or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-3), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-4)
Performance of Obligations. The Trustee will not take any action that would release any Person the Sponsor or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1996-3), Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1996-4)
Performance of Obligations. The Trustee will not take any action that would release any Person the Seller, the Servicer, the Oversight Agent or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-1), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-4)
Performance of Obligations. The Trustee will not take any action that would release any Person the Sponsor, the Servicer, the Originator or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Equivantage Acceptance Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person the Depositor, the Master Servicer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except with the prior written consent of the Certificate Insurer, or as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Securitization Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person the Sponsor or the Class A-6 Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1997-2)
Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g).. Section 6.05
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g11.02(g).
Appears in 1 contract
Samples: Trust and Servicing Agreement (Gs Mortgage Securities Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person the Sponsor from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1997-1)
Performance of Obligations. The Trustee will not take any action that would release any Person the Originator, the Sponsor or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Fund or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Revolving Home Equity Loan Trust 1996-A)
Performance of Obligations. The Trustee will not take any action that would release any Person the Unaffiliated Seller, the Servicer, the Originator or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Performance of Obligations. The Trustee will not take any action that would release any Person the Sponsor or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)but no such contract shall in any way reduce or limit the Trustee's duties hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Accredited Home Lenders Inc)
Performance of Obligations. The Trustee will not take any action that would release any Person the Seller, the Servicer, the Oversight Agent or the Certificate Insurer from any of such Person's their respective covenants or obligations under any instrument or document relating to the Trust Estate or the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. 203968.5d The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(g)hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-2)
Performance of Obligations. The Trustee will not take any action that would release any Person from any of such Person's covenants or obligations under any instrument or document relating to the Certificates or which would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or document, except as expressly provided in this Agreement or such other instrument or document. The Trustee may contract with other Persons to assist it in performing its duties hereunder pursuant to Section 10.03(gSECTION 11.02(G).
Appears in 1 contract
Samples: Trust and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2003-1)
