Common use of Permissible Without Action by Certificateholders Clause in Contracts

Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate, a Middle Tier Regular Interest or a Lower Tier Regular Interest, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes: (a) to add to the covenants of Xxxxxx Mae; (b) to evidence the succession pursuant to Article VII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities; (c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity; (d) to take such action to cure any ambiguity or correct any provision in this Trust Agreement or to supplement any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable, provided that any such supplemental provision shall not materially or adversely affect the interests of the holder of any Certificate that is outstanding immediately prior to the execution of such instrument evidencing such supplemental provision; or (e) to modify, eliminate or add to the provisions of this Trust Agreement to such extent as shall be necessary to maintain the qualification of each of the Lower Tier Trust Fund, Middle Tier Trust Fund and Upper Tier Trust Fund as a REMIC under the Code, and the Grantor Trust as a grantor trust under the Code, provided that there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification; 9.01 shall not have any of the effects described in clause (A), (B) or (C) of Section 9.02.

Appears in 1 contract

Samples: Trust Agreement

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Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate, a Middle Tier Regular Interest or a Lower Tier Regular Interest, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes: (a) to add to the covenants of Xxxxxx Mae; (b) to evidence the succession pursuant to Article VII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities; (c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity; (d) to take such action to cure any ambiguity or correct any provision in this Trust Agreement or to supplement any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable, provided that any such supplemental provision shall not materially or adversely affect the interests of the holder of any Certificate that is outstanding immediately prior to the execution of such instrument evidencing such supplemental provision; or (e) to modify, eliminate or add to the provisions of this Trust Agreement to such extent as shall be necessary to maintain the qualification of each of the Lower Tier any Trust Fund, Middle Tier Trust Fund and Upper Tier Trust Fund as a REMIC under the Code, and the Grantor Trust as a grantor trust under the Code, ; provided that there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification; 9.01 shall not have any of the effects described in clause (A), (B) or (C) of Section 9.02.

Appears in 1 contract

Samples: Trust Agreement

Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate, an Upper Tier Regular Interest, a Middle Tier Regular Interest or a Lower Tier Regular Interest, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes: (a) to add to the covenants of Xxxxxx MaeMae or to cure any ambiguity or correct any error; (b) to evidence the succession pursuant to Article VII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities; (c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity; (d) to take such action to cure any ambiguity or correct any provision in this Trust Agreement or to supplement any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable, provided that any such supplemental provision action shall not materially or adversely affect the interests of the holder any Holder of any Certificate that Class which is outstanding immediately prior to the execution of such instrument evidencing such supplemental provisionhereto; or (e) to modify, eliminate or add to the provisions of this Trust Agreement to such extent as shall be necessary to maintain the qualification of each of the Lower Tier Trust FundREMIC, the Middle Tier Trust Fund REMIC and the Upper Tier Trust Fund REMIC as a REMIC under the Code; provided, and the Grantor Trust as a grantor trust under the Codehowever, provided that (i) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification; 9.01 , and (ii) such amendment shall not have any of the effects described in clause paragraphs (A), (B) or through (C) of the proviso to Section 9.02.

Appears in 1 contract

Samples: Trust Agreement

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Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate, a Middle Tier Regular Interest Certificate or a Lower Tier Regular Interest, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes: (a) to add to the covenants of Xxxxxx Mae; (b) to evidence the succession pursuant to Article VII VIII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities; (c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity; (d) to take such action to cure any ambiguity or correct any provision in this Trust Agreement or in any Issue Supplement or to supplement any provision in this Trust Agreement or in any Issue Supplement as Xxxxxx Mae may deem necessary or desirable, provided that any such supplemental provision shall not materially or adversely affect the interests of the holder of any Certificate that is outstanding immediately prior to the execution of such instrument evidencing such supplemental provision; or (e) to modify, eliminate or add to the provisions of this Trust Agreement and any related Issue Supplement to such extent as shall be necessary to maintain the qualification of each of the Lower Tier any Trust Fund, Middle Tier Trust Fund and Upper Tier Trust Fund as a REMIC under the Code, and the Grantor Trust as a grantor trust under the Code, ; provided that there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification; 9.01 ; 10.01 shall not have any of the effects described in clause (A), (B) or (C) of Section 9.0210.02.

Appears in 1 contract

Samples: Trust Agreement

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