Permissible Without Action by Holders. Subject to Section 11.04, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to this Trust Agreement, for any one or more of the following purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the related Xxxxxx Xxx Offering Document, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of this Trust Agreement; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of all or any part of a Trust Fund, as applicable, as a fixed investment trust under the Code as evidenced by an Opinion of Counsel satisfactory to the Trustee;
Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a fixed investment trust under the Internal Revenue Code, as it may then be in effect, as evidenced by an Opinion of Counsel satisfactory to the Trustee; provided that no Amendment may be made pursuant to clause (a)(iii) or (b) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a fixed investment trust under the Code, as it may then be in effect, or, in the event a REMIC election is made with respect to all or part of the assets comprising the Trust Fund of any Trust, to maintain the REMIC status of any assets with respect to which the REMIC election is made, each as evidenced by an Opinion of Counsel satisfactory to the Trustee; or
(c) to make any other amendments with respect to matters or questions under this Agreement so long as such action will not (i) materially and adversely affect the related Holders or (ii) have any material adverse tax consequences for Holders, in either case as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Permissible Without Action by Holders. 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 Class, 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 V 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; or
(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 adversely affect the interests of the Holder of any Class that is outstanding immediately prior to the execution of such instrument evidencing such supplemental provision.
Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a Fixed Investment Trust or, in the event a REMIC election is made with respect to all or part of the assets comprising the Trust Fund of any Trust, to maintain the REMIC status of any assets with respect to which the REMIC election is made, each as evidenced by an Opinion of Counsel satisfactory to the Trustee; or
(c) to make any other amendments with respect to matters or questions arising under this Agreement so long as such action will not (i) materially and adversely affect the related Holders or (ii) have any material adverse tax consequences for Holders, in either case, as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Permissible Without Action by Holders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice to any Q-REMIC Interest Holder, enter into an Amendment or other instrument supplemental to the Q-Trust Documents, for any one or more of the following purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Q-Trust Documents that is inconsistent with any other provision of the Q-Trust Documents, or (iii) to cure an ambiguity or supplement a provision of the Q-Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Q-Trust Documents; or
(b) to modify, eliminate or add to the provisions of the Q-Trust Documents to the extent necessary to maintain the qualification of all or any part of a Trust Fund, as applicable, as a REMIC under the Code as evidenced by an Opinion of Counsel satisfactory to the Trustee;
Permissible Without Action by Holders. 23 Section 12.04. Waivers and Amendments with Consent of I-REMIC Interest Holder 24 Section 12.05. Amendment Relating to Transfers to Disqualified Organizations 24 Section 12.06. Documentation of Amendment 24 ARTICLE XIII MISCELLANEOUS 25 Section 13.01. [Reserved.] 25 Section 13.02. Governing Law 25 Section 13.03. Assignment 25 Section 13.04. Demands, Notices, Communications 25 Section 13.05. Severability of Provisions 26 Section 13.06. Authorized Officers and Signatures 26 THIS MASTER TRUST AGREEMENT is executed by Federal National Mortgage Association (“Xxxxxx Xxx”) in its corporate capacity and in its capacity as Trustee.
Permissible Without Action by Holders. 34 Section 10.04. Waivers and Amendments with Consent of Holders 34 Section 10.05. Documentation of Amendment 34
Permissible Without Action by Holders. Subject to Section 10.05, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Agreement, for any one or more of the following purposes:
(a) (i) to correct an error; (ii) to correct, modify or supplement any provision in the Trust Agreement that is inconsistent with any other provision of the Trust Agreement or any related prospectus or prospectus supplement; or (iii) to cure an ambiguity or supplement a provision of the Trust Agreement, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Agreement; or
(b) to modify, eliminate or add to the provisions of the Trust Agreement to the extent necessary to maintain the qualification of the Trust as a fixed investment trust under the Internal Revenue Code as evidenced by an Opinion of Counsel satisfactory to the Trustee;
