Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates; (b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 2 contracts
Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He4), Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He1)
Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities:
(a) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and for the benefit of the Insurer and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 2 contracts
Samples: Trust Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1), Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He3)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreement) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 2 contracts
Samples: Trust Agreement (Saxon Asset Securities Trust 2004-2), Trust Agreement (Saxon Asset Securities Trust 2004-3)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreements) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 2 contracts
Samples: Trust Agreement (Saxon Asset Securities Trust 2005-1), Trust Agreement (Saxon Asset Securities Trust 2005-2)
Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities:
(a) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual CertificatesCertificate;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from deliver the Notes and the Certificate to the Depositor in consideration of the transfer to the Trust of the CollateralMortgage Loans and related assets that constitute, in part, the Trust Fund;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate Fund pursuant to the Indenture on behalf of the Noteholders Trustee and to hold, manage and distribute to the Certificateholders Certificateholder pursuant to the terms of the Sale Transfer and Servicing Agreement any portion of the Collateral Trust Fund released from the lien of, and remitted to the Trust Trust, pursuant to, to the IndentureIndenture and the Transfer and Servicing Agreement as specifically described herein;
(d) to enter into and perform its obligations under the Cap Agreement and the Operative Agreements to which it is to be a party;
(e) to maintain the Mortgage Insurance Policy;
(f) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fg) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with the conservation of the Trust Estate Fund and the making of distributions and payments, as applicable, payments to the Certificateholders Certificateholder and the Noteholders, respectively. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 2 contracts
Samples: Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (FBR Securitization Trust 2005-3)
Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities:
(a) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and for the benefit of the Insurer and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 1 contract
Samples: Trust Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)
Purpose and Powers. (a) The Trust shall have purpose of the Issuer is, and the Issuer has the power and authority authority, to engage in any of the following activities:
(ai) to issue the Notes acquire from time to time pursuant to the Indenture Receivables (and the Residual Certificates pursuant to this Agreement and to sellother Trust Property), transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate Property pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders in accordance with their percentage interests pursuant to the terms of this Agreement and the Sale and Servicing Agreement Basic Documents any portion of the Collateral Trust Property released from the lien Lien of, and remitted to the Trust Issuer pursuant to, the Indenture;
(dii) to issue the Notes pursuant to the Indenture (and the related Indenture Supplements) and the Certificate pursuant to this Agreement and to sell the Notes upon the written order of the Transferor;
(iii) to make payments or distributions on the Notes to the Noteholders;
(iv) to pay for, or reimburse the Transferor for, any organizational, start-up and transactional expenses of the Issuer;
(v) to enter into and perform its obligations under the Operative Agreements Basic Documents to which it is to be a party;
(evi) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fvii) subject to compliance with the Operative AgreementsBasic Documents, to engage in such other activities as may be required in connection with conservation of the Trust Estate Property and the making of distributions and payments, as applicable, to the Certificateholders Noteholders and distributions to the Noteholders. Certificateholder.
(b) The Trust Issuer is hereby authorized to engage in the foregoing activities. The Trust shall Issuer may not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative AgreementsBasic Documents.
Appears in 1 contract
Samples: Master Trust Agreement (GMF Floorplan Owner Revolving Trust)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements [(including the Yield Maintenance Agreement)] to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements. [Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of [ ] for purposes of executing the trade of the Yield Maintenance Agreement.]
Appears in 1 contract
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreement) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements. Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of [ ], 2006 for purposes of executing the trade of the Yield Maintenance Agreement.
Appears in 1 contract
Samples: Trust Agreement (Saxon Asset Securities Trust 2006-1)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreement) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements. Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of August 29, 2005 for purposes of executing the trade of the Yield Maintenance Agreement.
Appears in 1 contract
Samples: Trust Agreement (Saxon Asset Securities Trust 2005-3)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Swap Agreement) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements. Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of September 27, 2006 for purposes of executing the trade of the Swap Agreement.
Appears in 1 contract
Samples: Trust Agreement (Sast 2006-3)
Purpose and Powers. The purpose of the Trust shall have the power and authority is to engage in any of the following activities:
(ai) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates Certificate pursuant to this Agreement Agreement, and to sellsell $304,203,000 aggregate principal amount of the Class A Notes to Xxxxxxx Lynch, transfer Pierce, Xxxxxx & Xxxxx, Incorporated ("Xxxxxxx Xxxxx") and exchange such $26,452,783 aggregate principal amount of the Class B Notes to the Transferor, each upon the written order of the Transferor and such Residual Certificatesto issue $1.00 aggregate principal amount of the Certificate to the Owner upon the written order of the Transferor;
(bii) with the proceeds of the sale of the Notes and the Residual CertificatesNotes, to pay the organizational, start-up and transactional expenses Transferor the amounts owed pursuant to Section 2.01 of the Trust Transfer and Servicing Agreement, by 3 directing Xxxxxxx Xxxxx to pay the balance of the Net Proceeds wire transfer such proceeds in accordance with instructions received from the Notes to the Depositor in consideration of the transfer to the Trust of the CollateralTransferor;
(ciii) with the proceeds from the sale of the Notes, to fund the Reserve Account;
(iv) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders Owner pursuant to the terms of the Sale Transfer and Servicing Agreement any portion of the Collateral Trust Estate released from the lien Lien of, and remitted to the Trust pursuant to, the Indenture;
(dv) to enter into and perform its obligations under the Operative Agreements Basic Documents to which it is to be a party;
(evi) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fvii) subject to compliance with the Operative AgreementsBasic Documents, to engage in such other activities as may be required in connection with conservation of the Owner Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative AgreementsBasic Documents.
Appears in 1 contract
Samples: Trust Agreement (Metlife Capital Equipment Loan Trusts)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Trust Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Trust Certificates;
(b) with the proceeds of the sale of the Notes and the Residual CertificatesNotes, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Cap Agreement) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 1 contract
Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual CertificatesOwnership Certificate;
(b) with the proceeds of the sale of the Notes and the Residual CertificatesOwnership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders Certificateholder pursuant to the terms of the Sale Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements Documents and [any Swap Agreement] or [Cap Agreement] to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders Certificateholder and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative AgreementsDocuments.
Appears in 1 contract
Samples: Trust Agreement (Aegis Asset Backed Securities Corp)
Purpose and Powers. The purpose of the Trust shall have the power and authority is to engage in any of the following activities:
(ai) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual CertificatesAgreement;
(bii) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to deposit the Original Aggregate Pre-Funding Amount in the Pre-Funding Account and the Original Capitalized Interest Amount in the Capitalized Interest Account and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of and the transfer Seller, as their interests may appear pursuant to the Trust of the CollateralSale and Servicing Agreement;
(ciii) to assign, grant, transfer, pledge, mortgage and convey the Owner Trust Estate pursuant to the Indenture on behalf terms of the Noteholders Indenture and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral Owner Trust Estate released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(div) to enter into and perform its obligations under the Operative Agreements Documents to which it is to be a party;
(ev) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fvi) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the assets of the Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the NoteholdersOwners of the Notes. The Trust is hereby authorized to engage in the foregoing activities. The Trust activities and shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative AgreementsDocuments.
Appears in 1 contract
Samples: Owner Trust Agreement (Imc Home Equity Loan Owner Trust 1997-6)
Purpose and Powers. The Trust shall have purpose of the Issuer is, and the Issuer has the power and authority authority, to engage in any of the following activities:
(ai) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such sell the Notes and such Residual Certificatesthe Certificates upon the written order of the related Transferor;
(bii) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust Issuer, to acquire the Receivables and to pay the balance Transferor[s] the amounts owed pursuant to Section 2.01 of each of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the CollateralTransfer and Servicing Agreements;
(ciii) to assign, grant, transfer, pledge, pledge and mortgage and convey the Trust Estate to the Indenture Trustee pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders Transferor[s] pursuant to the terms of this Agreement and the Sale and Servicing Agreement Transaction Documents any portion of the Collateral Trust Estate released from the lien of, and remitted to the Trust Issuer pursuant to, the Indenture;
(div) to enter into and perform its obligations under the Operative Agreements Transaction Documents to which it is to be a party;
(ev) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fvi) subject to compliance with the Operative AgreementsTransaction Documents, to engage in such other activities as may be are required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders Noteholders and distributions to the NoteholdersCertificateholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall Issuer may not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreementsother Transaction Documents.
Appears in 1 contract
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements (including the Cap Agreement) to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 1 contract
Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Interest Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Interest Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Interest Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative AgreementsDocuments.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)
Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities:
(a) to issue the one or more Classes of Notes from time to time pursuant to the Indenture and the Residual Certificates Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual CertificatesOwnership Certificate;
(b) with the proceeds of the sale of the Notes and the Residual CertificatesOwnership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholders Certificateholder pursuant to the terms of the Sale Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements and any Cap Agreement to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, payments to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 1 contract
Purpose and Powers. (a) The purpose of the Trust shall have the power and authority is to engage in any of the following activities:
(ai) to accept the transfer of, manage and hold or, pursuant to the Indenture, cause the Servicer to manage, the Home Equity Loans;
(ii) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement Agreement, and to sellsell pursuant to the Underwriting Agreement dated __________________, transfer 199__ among the Trust, the Depositor, ______________ and exchange such Notes and such Residual Certificates___________ (hereinafter the "Underwriting Agreement"), the Notes;
(biii) with the proceeds of the sale of the Notes to acquire certain property and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds assets from the Notes Depositor pursuant to the Depositor in consideration of the transfer to the Trust of the CollateralIndenture;
(civ) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf terms of the Noteholders Indenture and to hold, manage and distribute to the Certificateholders pursuant to the terms of this Agreement and the Sale and Servicing Agreement Trust Estate any portion of the Collateral assets of the Trust released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(dv) to enter into and perform its obligations under the Operative Agreements Documents to which it is to be a partyparty and the Underwriting Agreement;
(evi) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fvii) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the assets of the Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the NoteholdersOwners of the Notes. The Trust is hereby authorized to engage in the foregoing activities. The Trust activities and shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative AgreementsDocuments.
Appears in 1 contract
Samples: Trust Agreement (Imc Securities Inc)
Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities:
(a) to issue the Notes from time to time pursuant to the Indenture and the Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Residual Certificates;
(b) with the proceeds of the sale of the Notes and the Residual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral;
(c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and for the benefit of the Insurers and to hold, manage and distribute to the Certificateholders pursuant to the terms of the Sale Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture;
(d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party;
(e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments, as applicable, to the Certificateholders and the Noteholders. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement or the Operative Agreements.
Appears in 1 contract
Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2006-He1)