Release by Trustee Sample Clauses

Release by Trustee. The Trustee hereby releases the SunLight Released Parties (as defined in the Settlement Agreement) and the Power Partners Released Parties (as defined in the Settlement Agreement) to the same extent as the SunLight Releasing Parties and the Power Partners Releasing Parties released the Trustee pursuant to Article IV.B and Article IV.F, respectively, of the Settlement Agreement. The Trustee further consents to the Authority’s and the County’s release of the SunLight Released Parties and the Power Partners Released Parties on behalf of the Trustee, through the Settlement Agreement.
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Release by Trustee. Effective as of the Effective Date (as ------------------ hereinafter defined), the Trustee, on behalf of himself, the Debtors and Debtors' respective estates, and any person or entity claiming by or through any of them (collectively, the "Trustee Releasors") shall be deemed, automatically and without necessity of further action by the Trustee Releasors, the Bank or any other person or entity, to have released and discharged the Bank and all of its present and former directors, managing directors, officers, employees, agents, financial advisors, attorneys, administrators, successors and assigns from all actions, causes of action, accounts, agreements, bonds, bills, covenants, contracts, controversies, claims, damages, demands, debts, dues, extents, executions, judgments, liabilities, obligations, promises, predicate acts, reckonings, specialties, suits, defenses, sums of money, liens, security interests, mortgages, trespasses and variances whatsoever, whether known or unknown, in law, admiralty or equity, whether or not arising in or under or related to the Debtors' Chapter 7 or Chapter 11 cases, which against any of them the Trustee Releasors ever had or now has or have, for, upon, or by reason of any matter, cause or thing whatsoever arising out of or under, connected to, or in any way relating to the Pre-Petition Documents, the Collateral, the Claims, the DIP Order or any aspect of the Bank's relationship with the Trustee Releasors or any of them from the beginning of the world to the Effective Date, but specifically excluding the Bank's performance of its obligations set forth hereunder.
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Release by Trustee. Upon payment by Borrower of the Obligations and the Trustee's expenses, the Trustee shall release this Deed of Trust by an instrument duly acknowledged, in form for recording.
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Release by Trustee. SUBJECT TO PARAGRAPH 3, HEREOF, AND AT THE COMPLETION OF ALL LODGIAN ENTITIES’ COVENANTS AND PERFORMANCE OF THE ACTIONS REQUIRED HEREIN, the Trustee hereby releases and forever discharges the Lodgian Entities and each and every one of its affiliates, related entities, subsidiaries, parent corporations and their respective agents, officers, executive, employees, predecessors and/or successors in interest, attorneys, directors and assigns from any and all matters, claims, charges, demands, damages, causes of action, debts, liabilities, controversies, judgments, and suits of every kind and nature whatsoever, foreseen or unforeseen, known or unknown, which have arisen between the Trustee and the Lodgian Entities in connection with the Guaranty or any of the Financing Documents or otherwise relating to the Lawrence Property or the Manhattan Property, including, without limitation, those that were or could have been asserted, whether known or unknown.
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Release by Trustee. Upon compliance by the Company or any applicable Subsidiary Guarantor with the condition precedent set forth above, the Trustee shall cause to be released and reconveyed to the Company or such applicable Subsidiary Guarantor, the Released Interests.
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Release by Trustee. The Trustee, on his behalf and on behalf of the Lawbaugh Bankruptcy Estate, hereby fully releases the Escrow Agent, 1xx Xxxxxtic, SBM, SBM Financial, ACFC and Geneva, and, xxx xxxxxxxxxx xxxxxx xx the foregoing and their respective directors, officers, employees, attorneys, accountants, and agents other than Lawbaugh or Brian Smith (collectively, "Affiliates") from any and all xxxxxx or lxxxxxxxx xxlating to any matters between or among them, including, without limitation, the matters described in the Cases (defined below).
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Related to Release by Trustee

  • Actions by Trustee SECTION 5.1 Prior Notice to Certificateholders with Respect to Certain Matters............. 21 SECTION 5.2 Action by Trustee with Respect to Certain Matters.............................. 22 SECTION 5.3

  • Acknowledgment of Discharge by Trustee Subject to Section 8.07, after (i) the conditions of Section 8.01 or 8.02 have been satisfied, (ii) the Company has paid or caused to be paid all other sums payable hereunder by the Company and (iii) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that all conditions precedent referred to in clause (i) above relating to the satisfaction and discharge of this Indenture have been complied with, the Trustee upon written request shall acknowledge in writing the discharge of the Company's obligations under this Indenture except for those surviving obligations specified in Section 8.03.

  • Reliance by Trustee Except as otherwise provided in Section 7.1:

  • Acceptance by Trustee The Trustee acknowledges receipt (or, with respect to Mortgage Loans subject to a Custodial Agreement, and based solely upon a receipt or certification executed by the Custodian, receipt by the respective Custodian as the duly appointed agent of the Trustee) of the documents referred to in Section 2.01(b)(i) above (except that for purposes of such acknowledgement only, a Mortgage Note may be endorsed in blank) and declares that it, or a Custodian as its agent, holds and will hold such documents and the other documents constituting a part of the Mortgage Files delivered to it, or a Custodian as its agent, and the rights of Residential Funding with respect to any Pledged Assets, Additional Collateral and the Surety Bond assigned to the Trustee pursuant to Section 2.01, in trust for the use and benefit of all present and future Certificateholders. The Trustee or Custodian (such Custodian being so obligated under a Custodial Agreement) agrees, for the benefit of Certificateholders, to review each Mortgage File delivered to it pursuant to Section 2.01(b) within 45 days after the Closing Date to ascertain that all required documents (specifically as set forth in Section 2.01(b)), have been executed and received, and that such documents relate to the Mortgage Loans identified on the Mortgage Loan Schedule, as supplemented, that have been conveyed to it, and to deliver to the Trustee a certificate (the "Interim Certification") to the effect that all documents required to be delivered pursuant to Section 2.01(b) above have been executed and received and that such documents relate to the Mortgage Loans identified on the Mortgage Loan Schedule, except for any exceptions listed on Schedule A attached to such Interim Certification. Upon delivery of the Mortgage Files by the Company or the Master Servicer, the Trustee shall acknowledge receipt (or, with respect to Mortgage Loans subject to a Custodial Agreement, and based solely upon a receipt or certification executed by the Custodian, receipt by the respective Custodian as the duly appointed agent of the Trustee) of the documents referred to in Section 2.01(c) above. If the Custodian, as the Trustee's agent, finds any document or documents constituting a part of a Mortgage File to be missing or defective, the Trustee shall promptly so notify the Master Servicer and the Company. Pursuant to Section 2.3 of the Custodial Agreement, the Custodian will notify the Master Servicer, the Company and the Trustee of any such omission or defect found by it in respect of any Mortgage File held by it in respect of the items reviewed by it pursuant to the Custodial Agreement. If such omission or defect materially and adversely affects the interests of the Certificateholders, the Master Servicer shall promptly notify the related Subservicer or Seller of such omission or defect and request that such Subservicer or Seller correct or cure such omission or defect within 60 days from the date the Master Servicer was notified of such omission or defect and, if such Subservicer or Seller does not correct or cure such omission or defect within such period, that such Subservicer or Seller purchase such Mortgage Loan from the Trust Fund at its Purchase Price, in either case within 90 days from the date the Master Servicer was notified of such omission or defect; provided that if the omission or defect would cause the Mortgage Loan to be other than a "qualified mortgage" as defined in Section 860G(a)(3) of the Code, any such cure or repurchase must occur within 90 days from the date such breach was discovered. The Purchase Price for any such Mortgage Loan, whether purchased by the Seller or the Subservicer, shall be deposited or caused to be deposited by the Master Servicer in the Custodial Account maintained by it pursuant to Section 3.07 and, upon receipt by the Trustee of written notification of such deposit signed by a Servicing Officer, the Trustee or any Custodian, as the case may be, shall release to the Master Servicer the related Mortgage File and the Trustee shall execute and deliver such instruments of transfer or assignment prepared by the Master Servicer, in each case without recourse, as shall be necessary to vest in the Seller or its designee or the Subservicer or its designee, as the case may be, any Mortgage Loan released pursuant hereto and thereafter such Mortgage Loan shall not be part of the Trust Fund. In furtherance of the foregoing, if the Subservicer or Seller that repurchases the Mortgage Loan is not a member of MERS and the Mortgage is registered on the MERS(R) System, the Master Servicer, at its own expense and without any right of reimbursement, shall cause MERS to execute and deliver an assignment of the Mortgage in recordable form to transfer the Mortgage from MERS to such Subservicer or Seller and shall cause such Mortgage to be removed from registration on the MERS(R) System in accordance with MERS' rules and regulations. It is understood and agreed that the obligation of the Seller or the Subservicer, as the case may be, to so cure or purchase any Mortgage Loan as to which a material and adverse defect in or omission of a constituent document exists shall constitute the sole remedy respecting such defect or omission available to Certificateholders or the Trustee on behalf of the Certificateholders.

  • Collection Suit by Trustee If an Event of Default specified in Section 6.01(1) or (2) occurs and is continuing, the Trustee may recover judgment in its own name and as trustee of an express trust against the Company for the whole amount then due and owing (together with interest on any unpaid interest to the extent lawful) and the amounts provided for in Section 7.07.

  • Reports by Trustee to Holders If required by TIA Section 313(a), within 60 days after May 15 of any year, commencing the May 15 following the date of this Indenture, the Trustee shall mail to each Holder a brief report dated as of such May 15 that complies with TIA Section 313(a). The Trustee also shall comply with TIA Section 313(b), (c) and (d). Reports pursuant to this Section 7.06 shall be transmitted by mail:

  • Reports by Trustee (a) The Trustee shall transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto.

  • Reports by Trustee to the Holders As promptly as practicable after each June 30 beginning with the June 30 following the date of this Indenture, and in any event prior to August 30 in each year, the Trustee shall send to each Holder a brief report dated as of such June 30 that complies with Section 313(a) of the TIA if and to the extent required thereby. The Trustee shall also comply with Section 313(b) of the TIA. A copy of each report at the time of its mailing to the Holders shall be filed with the SEC and each stock exchange (if any) on which the Securities are listed. The Issuer agrees to notify promptly the Trustee in writing whenever the Securities become listed on any stock exchange and of any delisting thereof.

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