Protection of Trust. The Issuer and the Issuer Loan Trustee (at the direction of the Issuer) will from time to time take all actions, including without limitation preparing, or causing to be prepared, authorizing, executing and delivering all such supplements and amendments hereto and all such financing statements, amendments to financing statements, continuation statements, if any, instruments of further assurance and other instruments, necessary or advisable to: (a) grant more effectively all or any portion of the Trust Estate as security for the Notes; (b) maintain or perfect or preserve the lien and security interest (and the priority thereof) of this Indenture or to carry out more effectively the purposes hereof; (c) perfect, publish notice of, or protect the validity of any Grant made or to be made by this Indenture and the priority thereof; or (d) preserve and defend title to the Trust Estate and the rights therein of the Indenture Trustee and the Noteholders secured thereby against the claims of all Persons and parties. The Issuer and the Issuer Loan Trustee hereby designates the Indenture Trustee its agent and attorney-in-fact to execute any instrument required pursuant to this Section 3.05; provided, however, such appointment shall in no way be deemed to be an assumption of any of the duties or obligations of the Issuer under this Section 3.05. Financing statements filed pursuant to such appointment may describe the Trust Estate in the same manner as described herein or may describe the collateral subject thereto as “All of the Debtor’s personal property and other assets, whether now owned or existing or hereafter acquired or arising, together with all products and proceeds thereof, substitutions and replacements therefor, and additions and accessions thereto.” The Issuer shall pay or cause to be paid any taxes levied on all or any part of the Trust Estate from amounts available for such purpose pursuant to this Indenture.
Appears in 3 contracts
Samples: Indenture (OneMain Financial Holdings, Inc.), Indenture (OneMain Financial Holdings, Inc.), Indenture (OneMain Financial Holdings, Inc.)
Protection of Trust. The Issuer and the Issuer Loan Trustee (at the direction of the Issuer) Co-Issuers will from time to time take all actions, including without limitation preparing, or causing to be prepared, authorizing, executing and delivering all such supplements and amendments hereto and all such financing statements, amendments to financing statements, continuation statements, if any, instruments of further assurance and other instruments, necessary or advisable to:
(a) grant more effectively all or any portion of the Trust Estate as security for the Notes;
(b) maintain or perfect or preserve the lien and security interest (and the priority thereof) of this Indenture or to carry out more effectively the purposes hereof;
(c) perfect, publish notice of, or protect the validity of any Grant made or to be made by this Indenture and the priority thereof; or
(d) preserve and defend title to the Trust Estate and the rights therein of the Indenture Trustee and the Noteholders secured thereby against the claims of all Persons and parties. The Issuer Co-Issuers and the Issuer Loan Trustee Trustees hereby designates designate the Indenture Trustee its agent and attorney-in-fact to execute any instrument required pursuant to this Section 3.05; provided, however, such appointment shall in no way be deemed to be an assumption of any of the duties or obligations of the Issuer Co-Issuers under this Section 3.05. Financing statements filed pursuant to such appointment may describe the Trust Estate in the same manner as described herein or may describe the collateral subject thereto as “All of the Debtor’s personal property and other assets, whether now owned or existing or hereafter acquired or arising, together with all products and proceeds thereof, substitutions and replacements therefor, and additions and accessions thereto.” The Issuer Co-Issuers shall pay or cause to be paid any taxes levied on all or any part of the Trust Estate from amounts available for such purpose pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (New Residential Investment Corp.), Indenture (Springleaf Finance Corp)
Protection of Trust. The Issuer and the Issuer Loan Trustee (at the direction of the Issuer) will from time to time take all actions, including without limitation preparing, or causing to be prepared, authorizing, filing, executing and delivering all such supplements and amendments hereto and all such financing statements, amendments to financing statements, continuation statements, if any, instruments of further assurance and other instruments, necessary or advisable to:
(a) grant more effectively all or any portion of the Trust Estate or Receivables Trust Estate as security for the Notes;
(b) maintain or perfect or preserve the lien and security interest (and the priority thereof) of this Indenture or to carry out more effectively the purposes hereof;
(c) perfect, publish notice of, or protect the validity of any Grant made or to be made by this Indenture and the priority thereof;
(d) enforce or cause the Servicer to enforce the Receivables; or
(de) preserve and defend title to the Receivables Trust Estate and Trust Estate and the rights therein of the Indenture Trustee and the Noteholders secured thereby against the claims of all Persons and parties. The Each of the Issuer and the Issuer Loan Trustee Receivables Trust hereby designates the Indenture Trustee its agent and attorney-in-fact to execute or file any instrument required pursuant to this Section 3.05; provided, however, that the Indenture Trustee shall not be obligated to execute, file or authorize such instruments and shall have no liability in connection therewith, including on account of any non-filing of any thereof and such appointment shall in no way be deemed to be an assumption of any of the duties or obligations of the Issuer under this Section 3.05. Financing statements filed pursuant to such appointment may describe the Trust Estate or Receivables Trust Estate in the same manner as described herein or may describe the collateral subject thereto as “All of the Debtor’s personal property and other assets, whether now owned or existing or hereafter acquired or arising, together with all products and proceeds thereof, substitutions and replacements therefor, and additions and accessions thereto.” The Issuer shall pay or cause to be paid any taxes levied on all or any part of the Trust Estate from amounts available for such purpose pursuant to this Indenture.
Appears in 2 contracts
Samples: Omnibus Amendment (Conns Inc), Indenture (Conns Inc)
Protection of Trust. The Issuer and the Issuer Loan Trustee (at the direction of the Issuer) will from time to time take all actions, including without limitation preparing, or causing to be prepared, authorizing, executing and delivering all such supplements and amendments hereto and all such financing statements, amendments to financing statements, continuation statements, if any, instruments of further assurance and other instruments, necessary or advisable to:
(a) grant more effectively all or any portion of the Trust Estate as security for the Notes;
(b) maintain or perfect or preserve the lien and security interest (and the priority thereof) of this Indenture or to carry out more effectively the purposes hereof;
(c) perfect, publish notice of, or protect the validity of any Grant made or to be made by this Indenture and the priority thereof; or
(d) preserve and defend title to the Trust Estate and the rights therein of the Indenture Trustee and the Noteholders secured thereby against the claims of all Persons and parties. The Issuer and the Issuer Loan Trustee hereby designates the Indenture Trustee its agent and attorney-in-fact to execute any instrument required pursuant to this Section 3.05; provided, however, such appointment shall in no way be deemed to be an assumption of any of the duties or obligations of the Issuer under this Section 3.05. Financing statements filed pursuant to such appointment may describe the Trust Estate in the same manner as described herein or may describe the collateral subject thereto as “All of the Debtor’s personal property and other assets, whether now owned or existing or hereafter acquired or arising, together with all products and proceeds thereof, substitutions and replacements therefor, and additions and accessions thereto.” The Issuer shall pay or cause to be paid any taxes levied on all or any part of the Trust Estate from amounts available for such purpose pursuant to this Indenture.
Appears in 2 contracts
Samples: Indenture (Springleaf Finance Corp), Indenture (Springleaf Holdings, Inc.)
Protection of Trust. Estate(a) .
(a) The Issuer and the Issuer Loan Trustee (at the direction of the Issuer) will Trust will, from time to time take all actionstime, including without limitation preparing, or causing to be prepared, authorizing, executing execute and delivering deliver all such supplements and amendments hereto and all such financing statements, amendments to financing statements, continuation statements, if any, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to:
(ai) grant Grant more effectively all or any portion of the Trust Estate as security for the Notesmade by this Indenture;
(bii) maintain or perfect or preserve the lien and security interest (and the priority thereof) of this Indenture or to carry out more effectively the purposes hereof;
(ciii) perfect, publish notice of, of or protect the validity of any Grant made or to be made by this Indenture Indenture;
(iv) enforce any of the Mortgage Loans or the Sale and the priority thereofServicing Agreement; or
(dv) preserve and defend title to the Trust Estate and the rights therein of the Indenture Trustee Trustee, the Noteholders and the Noteholders secured thereby Note Insurer in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. .
(b) The Issuer and the Issuer Loan Trustee hereby designates the Indenture Trustee its agent and attorney-in-fact to execute shall not remove any instrument required pursuant to this Section 3.05; provided, however, such appointment shall in no way be deemed to be an assumption of any of the duties or obligations of the Issuer under this Section 3.05. Financing statements filed pursuant to such appointment may describe the Trust Estate in the same manner as described herein or may describe the collateral subject thereto as “All of the Debtor’s personal property and other assets, whether now owned or existing or hereafter acquired or arising, together with all products and proceeds thereof, substitutions and replacements therefor, and additions and accessions thereto.” The Issuer shall pay or cause to be paid any taxes levied on all or any part portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from amounts available the jurisdiction in which it was held at the Closing Date (provided that the Indenture Trustee may allow for the release of the Indenture Trustee's Mortgage File as provided in tile Sale and Servicing Agreement) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such purpose pursuant ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this IndentureIndenture with respect to such property will continue to be maintained after giving effect to such action or actions.
Appears in 1 contract
Samples: Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)