Common use of Protection of Trust Fund Clause in Contracts

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the Representative, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners represented thereby, in the Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer or the Representative in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Trust 1996-D), Pooling and Servicing Agreement (Money Store Trust 1996-C)

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Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeDepositors, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests Interests of the Owners Holders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Depositors to take any action pursuant to this Section 12.14 12.13 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 12.13 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and second (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholdersin Aggregate Voting Interest, the Certificate Insurer or the Representative Depositors in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument Instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund and such other assets as may from time to time be deposited with it hereunder in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, SBA and at the request of the Representative, Seller or the SBA will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust FundFund or such other assets; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage SBA Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners Certificateholders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer Seller or the Representative SBA to take any action pursuant to this Section 12.14 12.13 to the othersHolders. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 12.13 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer SBA or the Representative Seller in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund and such other assets as may from time to time be deposited with it hereunder in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, SBA and at the request of the Representative, Sellers or the SBA will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust FundFund or such other assets; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage SBA Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners Certificateholders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer Sellers or the Representative SBA to take any action pursuant to this Section 12.14 12.13 to the othersHolders. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 12.13 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer SBA or the Representative Sellers in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Money Store of New York Inc), Pooling and Servicing Agreement (Money Store of New York Inc), Pooling and Servicing Agreement (Money Store of New York Inc)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeDepositors, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests Interests of the Owners Holders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Depositors to take any action pursuant to this Section 12.14 12.12 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 12.12 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and second (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholdersin Aggregate Voting Interest, the Certificate Insurer or the Representative Depositors in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument Instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1998-3), Pooling and Servicing Agreement (Eqcc Receivables Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeDepositors, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section SECTION 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests Interests of the Owners Holders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Depositors to take any action pursuant to this Section 12.14 SECTION 12.12 to the others. (b) Subject to Article ARTICLE X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; providedPROVIDED, howeverHOWEVER, that nothing in this Section 12.14 SECTION 12.12 shall require any action by the Trustee unless the Trustee shall first FIRST (i) have been furnished indemnity satisfactory to it and SECOND (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholdersin Aggregate Voting Interest, the Certificate Insurer or the Representative Depositors in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument Instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-1), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1999-3)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund and such other assets as may from time to time be deposited with it hereunder in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the Representative, Seller will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust FundFund or such other assets; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Business Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners Certificateholders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Seller to take any action pursuant to this Section 12.14 12.13 to the othersHolders. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 12.13 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer Certificateholders or the Representative Seller in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc), Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeDepositor, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests Interests of the Owners Holders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Depositor to take any action pursuant to this Section 12.14 12.12 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer and the NIMS Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 12.12 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and second (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholdersin Aggregate Voting Interest, the Certificate Insurer, the NIMS Insurer or the Representative Depositor in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Protection of Trust Fund. (a) The Trustee will hold Servicer, on behalf of ------------------------ the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeIssuer, will from time to time prepare (or shall cause to be prepared), execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, advisable to: (i) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively hold in trust all or any portion of the Trust Fundpurposes hereof; (ii) perfect, publish notice of, of or protect the validity of any grant Grant made or to be made by this AgreementIndenture or any Terms Supplement; (iii) enforce any of the Mortgage LoansCommercial Loans transferred to the Trust as and to the extent commercially reasonable; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, Indenture Trustee and the ownership interests of the Owners represented thereby, Secured Parties in the such Trust Fund against the claims of all Persons persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereofExcept as otherwise provided in or permitted by the Sale and Servicing Agreement, this Indenture or any Terms Supplement, the Indenture Trustee shall not remove any portion of the Trust Fund that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.07 (or from the jurisdiction in which it was held as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 3.07(a), if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b)) unless the Indenture Trustee shall have first received an Opinion of Counsel to the power effect that the lien and security interest created by this Indenture with respect to enforce, and shall enforce the obligations of the other parties such property will continue to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power be maintained after giving effect to enjoin, by such action or suit in equity, any acts or occurrences which may be unlawful or in violation of actions. The Issuer hereby designates the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Indenture Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory its agent and attorney- in-fact to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer or the Representative in accordance with the terms of this Agreement. (c) The Trustee shall execute any financing statement, continuation statement or other instrument required to be executed pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties3.06.

Appears in 1 contract

Samples: Indenture (MCG Capital Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeSeller, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners represented thereby, in the Trust Fund against the claims of all Persons and parties; provided, that, upon the occurrence of an Assignment Event, this Section 12.14(a) shall not be construed to require the Trustee to, at its own expense, cause proper assignments of each Mortgage to be recorded in the relevant real property recording office. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Seller to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished famished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, Certificateholders or the Certificate Insurer or the Representative Administrator in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Protection of Trust Fund. (a) The Each Co-Trustee will hold the related portion of the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the Representative, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the applicable Co-Trustee, and the ownership interests of the Owners represented thereby, in the Trust Fund against the claims of all Persons and parties. The Each Co-Trustee shall send copies of any request received from the Certificate Insurer or the Representative to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereof, the each Co-Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and, in the case of the Pool I and Pool II Co-Trustee, of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the a Co-Trustee unless the such Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer or the Representative Trust Administrator in accordance with the terms of this Agreement. (c) The Each Co-Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the such Co-Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

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Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the written request of the Representative, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Home Improvement Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners represented thereby, in the Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate InsurerAgreement, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer Certificateholders or the Representative in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer Certificateholders and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeDepositor, will from time to time execute and deliver all such supplements and amendments hereto pursuant subject to Section 13.02 11.14 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisablefrom the Depositor, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners Certificateholders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Depositor to take any action pursuant to this Section 12.14 6.03 to the othersother parties hereto. (b) Subject to Article X hereof, the The Trustee shall have the power to enforce, and shall enforce the obligations and rights of the other parties to this Agreement and of or the Certificate InsurerCertificateholders, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders of a majority of the Percentage Interests represented by the Offered Certificates then Outstanding or, if there are no longer any Offered Certificates then outstanding, by the Controlling Non-Offered Certificateholders, the Certificate Insurer or the Representative in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer Certificateholders and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the RepresentativeDepositor, will from time to time execute and deliver all such supplements and amendments hereto pursuant subject to Section 13.02 11.14 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisablefrom the Depositor, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners Certificateholders represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Depositor to take any action pursuant to this Section 12.14 6.03 to the othersother parties hereto. (b) Subject to Article X hereof, the The Trustee shall have the power to enforce, and shall enforce the obligations and rights of the other parties to this Agreement and of or the Certificate InsurerCertificateholders, by action, suit or proceeding at law or equity, and shall also have the power to enjoinPROVIDED, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, howeverHOWEVER, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders of a majority of the Percentage Interests represented by the Offered Certificates then Outstanding or, if there are no longer any Offered Certificates then outstanding, by the Controlling Non-Offered Certificateholders, the Certificate Insurer or the Representative in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer Owners and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request and expense of the RepresentativeOriginator, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 11.14 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners represented thereby, in the such Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative Originator to take any action pursuant to this Section 12.14 6.3 to the othersother party. (b) Subject to Article X hereof, the The Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the HoldersOwners; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by a majority of the Majority CertificateholdersPercentage Interests represented by the affected Class A Certificates then Outstanding or, if there are no longer any affected Class A Certificates then outstanding, by such majority of the Certificate Insurer or Percentage Interests represented by the Representative in accordance with the terms of this AgreementOriginator's Interest. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Advanta Revolving Home Equity Loan Trust 1996-A)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the Representative, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Home Improvement Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners represented thereby, in the Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate InsurerAgreement, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer Certificateholders or the Representative in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Protection of Trust Fund. (a) The Trustee will hold the Trust Fund in trust for the benefit of the Holders and the Certificate Insurer and, upon request of the Certificate Insurer, or, with the consent of the Certificate Insurer, at the request of the Representative, will from time to time execute and deliver all such supplements and amendments hereto pursuant to Section 13.02 hereof and all instruments of further assurance and other instruments, and will take such other action upon such request as it deems reasonably necessary or advisable, to: (i) more effectively hold in trust all or any portion of the Trust Fund; (ii) perfect, publish notice of, or protect the validity of any grant made or to be made by this Agreement; (iii) enforce any of the Mortgage Loans; or (iv) preserve and defend title to the Trust Fund and the rights of the Trustee, and the ownership interests of the Owners represented thereby, in the Trust Fund against the claims of all Persons and parties. The Trustee shall send copies of any request received from the Certificate Insurer or the Representative to take any action pursuant to this Section 12.14 to the others. (b) Subject to Article X hereof, the Trustee shall have the power to enforce, and shall enforce the obligations of the other parties to this Agreement and of the Certificate Insurer, by action, suit or proceeding at law or equity, and shall also have the power to enjoin, by action or suit in equity, any acts or occurrences which may be unlawful or in violation of the rights of the Holders; provided, however, that nothing in this Section 12.14 shall require any action by the Trustee unless the Trustee shall first (i) have been furnished indemnity satisfactory to it and (ii) when required by this Agreement, have been requested to take such action by the Majority Certificateholders, the Certificate Insurer Certificateholders or the Representative Trust Administrator in accordance with the terms of this Agreement. (c) The Trustee shall execute any instrument required pursuant to this Section so long as such instrument does not conflict with this Agreement or with the Trustee's fiduciary duties.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

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