Common use of Release of Trust Estate Clause in Contracts

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such property, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstanding, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 107 contracts

Samples: Indenture (Toyota Auto Receivables 2024-D Owner Trust), Indenture (Toyota Auto Receivables 2024-D Owner Trust), Indenture (Toyota Auto Finance Receivables LLC)

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Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Trust Accounts; provided, that, any amounts on deposit in the Reserve Account and Reserve Account, as shall be distributable only to the case may beDepositor following the final distribution to the Certificateholders. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b(b) only upon receipt of an Issuer Request accompanied by an OfficerIssuer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 58 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-3), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-2)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to the Issuing Entity or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Trust Accounts; provided, that, any amounts on deposit in the Reserve Account and Reserve Account, as shall only be distributable to the case may beDepositor following the final distribution to the Certificateholders. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Issuing Entity Request accompanied by an Officer’s CertificateCertificate of the Issuing Entity, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 36 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2024-C), Indenture (World Omni Auto Receivables Trust 2024-C), Indenture (World Omni Auto Receivables Trust 2024-B)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beAccounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) subsection only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel and (and, if required by the TIA) TIA or Section 11.01, Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting ), and otherwise in accordance with the applicable requirements of Section 11.01.

Appears in 29 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2024-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01. (c) The Issuer agrees, upon request by the Servicer and representation by the Servicer that it has complied with the procedure in Section 9.01 of the Sale and Servicing Agreement, to render the Issuer Request to the Indenture Trustee in accordance with Section 4.04, and take such other actions as are required in that Section.

Appears in 27 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2024-A), Indenture Agreement (BMW Vehicle Owner Trust 2024-A), Indenture (BMW Vehicle Owner Trust 2023-A)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to the Issuing Entity or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) paragraph only upon receipt of an Issuer Issuing Entity Request accompanied by an Officer’s Certificate, an Opinion of Counsel Counsel, and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1 or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates.

Appears in 23 contracts

Samples: Indenture (CNH Equipment Trust 2024-C), Indenture (CNH Equipment Trust 2024-C), Indenture (CNH Equipment Trust 2024-B)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.08, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.08 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Trust Accounts (including any amounts remaining on deposit in the Reserve Account, as the case may be). The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01. (c) The Issuer agrees, upon request by the Servicer and representation by the Servicer that it has complied with the procedure in Section 9.01 of the Sale and Servicing Agreement, to render the Issuer Request to the Indenture Trustee in accordance with Section 4.04, and take such other actions as are required in that Section.

Appears in 20 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2024-C), Indenture (Hyundai Auto Receivables Trust 2024-C), Indenture (Hyundai Auto Receivables Trust 2024-B)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to the Issuing Entity or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Issuing Entity Request accompanied by an Officer’s CertificateCertificate of the Issuing Entity, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 18 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2019-A), Indenture (World Omni Auto Receivables Trust 2019-A), Indenture (World Omni Auto Receivables LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Master Servicer of a Mortgage Loan pursuant to Section 3.18 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingBonds Outstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes Bonds from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.

Appears in 18 contracts

Samples: Indenture (Imh Assets Corp Impac CMB Trust Series 2003-5), Indenture (Imh Assets Corp Impact CMB Trust Series 2002-7), Indenture (Impac CMB Trust Series 2003-8)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses pursuant to Section 6.07indemnification, the Indenture Trustee may, and when required by the provisions of this Indenture or the Servicing Agreement, shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party Person relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid and (iii) all sums due the Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request accompanied by an Officer’s CertificateOfficers' Certificate and a letter from the Enhancer stating that the Enhancer has no objection to such request from the Issuer. (d) The Indenture Trustee shall, an Opinion at the request of Counsel the Issuer or the Depositor, surrender the Policy to the Enhancer for cancellation, upon final payment of principal of and (if required by interest on the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Notes.

Appears in 17 contracts

Samples: Indenture (Residential Asset Mortgage Products Inc), Indenture (Greenpoint Mortgage Securities LLC), Indenture (Residential Asset Mortgage Products Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 15 contracts

Samples: Indenture (PHH Mortgage Capital LLC), Indenture (Deutsche Alt-a Securities Inc), Indenture (GE-WMC Mortgage Securities, L.L.C.)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Master Servicer of a Mortgage Loan pursuant to Section 3.18 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingBonds Outstanding, (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid and (iii) all sums due to the Bond Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes Bonds from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied, and a letter from the Bond Insurer stating that the Bond Insurer has no objection to such request from the Issuer, except as otherwise provided in clause (a).

Appears in 11 contracts

Samples: Indenture (Imh Assets Corp Impac CMB Trust Series 2003-6), Indenture (Imh Assets Corp Impac CMB Trust Series 2002-5), Indenture (Impac CMB Trust Series 2002-8)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to the Issuing Entity or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Issuing Entity Request accompanied by an Officer’s CertificateCertificate of the Issuing Entity, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 10 contracts

Samples: Indenture (World Omni Select Auto Trust 2024-A), Indenture (World Omni Select Auto Trust 2024-A), Indenture (World Omni Select Auto Trust 2023-A)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 9 contracts

Samples: Indenture (CarMax Auto Owner Trust 2015-4), Indenture (CarMax Auto Owner Trust 2015-3), Indenture (CarMax Auto Owner Trust 2015-2)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to the Issuing Entity or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Issuing Entity Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 9 contracts

Samples: Indenture (John Deere Owner Trust 2015-B), Indenture (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2014)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an request from the Issuer Request accompanied by an Officer’s [Officers' Certificate], [an Opinion of Counsel Counsel,] and (if required by a letter from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting Credit Enhancer, stating that the applicable requirements of Section 11.01Credit Enhancer has no objection to such request from the Issuer.]

Appears in 9 contracts

Samples: Indenture (New Century Mortgage Securities Inc), Indenture (American Home Mortgage Securities LLC), Indenture (Structured Asset Mortgage Investments Ii Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beAccounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel and (and, if required by the TIA) TIA or Section 11.01, Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting ), and otherwise in accordance with the applicable requirements of Section 11.01.

Appears in 8 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2014-1), Indenture (Mercedes-Benz Auto Receivables Trust 2013-1), Indenture (Mercedes Benz Auto Receivables Trust 2012-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 (as certified by an authorized officer of the Issuer in the officer’s certificate delivered to the Trustee) have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the SellerIssuer, any funds entitled thereto then on deposit in the Collection Account and the Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel Certificate and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 8 contracts

Samples: Indenture (Nissan Auto Receivables 2015-C Owner Trust), Indenture (Nissan Auto Receivables 2015-C Owner Trust), Indenture (Nissan Auto Receivables Corp Ii)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses pursuant to Section 6.07indemnification, the Indenture Trustee may, and when required by the provisions of this Indenture or the Servicing Agreement, shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party Person relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 7 contracts

Samples: Indenture (GMACM Home Equity Loan Trust 2007-He3), Indenture (Residential Asset Mortgage Products Inc), Indenture (Residential Asset Mortgage Products Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 7 contracts

Samples: Indenture (Mmca Auto Receivables Inc), Indenture (Mmca Auto Receivables Inc), Indenture (Mmca Auto Receivables Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.08, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.08 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Trust Accounts (including any amounts remaining on deposit in the Reserve Account, as the case may be). The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 7 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2024-A), Indenture (Hyundai Auto Receivables Trust 2024-A), Indenture (Hyundai Auto Receivables Trust 2023-A)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer Issuer, or, in the case of the Reserve Account or the Yield Supplement Account, to the Seller, any funds entitled thereto then on deposit in the Collection Account, the Reserve Account and Reserve the Yield Supplement Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel 's Certificate and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 6 contracts

Samples: Indenture (Nissan Auto Receivables 2002 C Owner Trust), Indenture (Nissan Auto Receivables 2002-a Owner Trust), Indenture (Nissan Auto Receivables 2004-a Owner Trust)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to the Issuing Entity or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) paragraph only upon receipt of an Issuer Issuing Entity Request accompanied by an Officer’s Certificate, an Opinion of Counsel Counsel, and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Section 11.1 or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates.

Appears in 6 contracts

Samples: Indenture (CNH Equipment Trust 2021-B), Indenture (CNH Equipment Trust 2021-B), Indenture (CNH Equipment Trust 2019-C)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b(b) only upon receipt of an Issuer Request accompanied by an OfficerIssuer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.

Appears in 6 contracts

Samples: Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2016-2)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Master Servicer of a Mortgage Loan pursuant to Section 3.16 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.

Appears in 5 contracts

Samples: Indenture (New Century Mortgage Securities Inc), Indenture (New Century Mortgage Securities Inc), Indenture (Citigroup Mortgage Loan Trust Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 5 contracts

Samples: Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 (as certified by an authorized officer of the Issuer in the officer’s certificate delivered to the Trustee) have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer Issuer, or, in the case of the Reserve Account, to the Seller, any funds entitled thereto then on deposit in the Collection Account and the Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel Certificate and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 5 contracts

Samples: Indenture (Nissan Auto Receivables 2011-a Owner Trust), Indenture (Nissan Auto Receivables 2011-a Owner Trust), Indenture (Nissan Auto Receivables 2010-a Owner Trust)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 5 contracts

Samples: Indenture (CarMax Auto Owner Trust 2005-2), Indenture (CarMax Auto Owner Trust 2004-1), Indenture (Carmax Auto Owner Trust 2005-3)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding, the Policy has been terminated in accordance with its terms and has been returned to the Insurer for cancellation and all sums due the Indenture Trustee and the Insurer pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 5 contracts

Samples: Indenture (Pooled Auto Securities Shelf LLC), Indenture (Pooled Auto Securities Shelf LLC), Indenture (Pooled Auto Securities Shelf LLC)

Release of Trust Estate. (a) Subject to the payment of its the Indenture Trustee's fees and expenses in respect of any Series pursuant to Section 6.076.07 and to the payment of any other Administrative Expenses, S&A Expenses or Additional Expenses in respect of such Series, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property property, securities or funds constituting part of the Trust Estate securing such Series from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that which are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingBonds of a Series Outstanding, all sums due the Indenture Trustee in respect of such Series pursuant to Section 6.07 have been paid and all other applicable conditions, if any, set forth in the related Terms Indenture have been satisfied, release any remaining portion of the Trust Estate that secured the Notes such Series from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection any Account and Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01for such Series.

Appears in 5 contracts

Samples: Indenture Agreement (Criimi Mae CMBS Corp), Indenture Agreement (Criimi Mae CMBS Corp), Indenture Agreement (Criimi Mae CMBS Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) paragraph only upon receipt of an Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 5 contracts

Samples: Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc), Indenture (CNH Capital Receivables Inc)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses pursuant to Section 6.07indemnities, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repossession by the Servicer of a Contract pursuant to Section 3.11 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements have been satisfied, except releases to the Servicer pursuant to Section 3.11 of Section 11.01the Servicing Agreement.

Appears in 5 contracts

Samples: Indenture (Citigroup Mortgageln Tr Origen Manu Hous Cont Tr NTS Ser 200), Indenture (Origen Manufactured Housing Contract Trust 2004-B), Indenture (Origen Residential Securities, Inc.)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b(b) only upon receipt of an Issuer Request accompanied by an OfficerIssuer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 4 contracts

Samples: Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request request from the Issuing Entity accompanied by an Officer’s [Officers' Certificate], [an Opinion of Counsel Counsel,] and (if required by a letter from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting Credit Enhancer, stating that the applicable requirements of Section 11.01Credit Enhancer has no objection to such request from the Issuing Entity.]

Appears in 4 contracts

Samples: Indenture (American Home Mortgage Securities LLC), Indenture (BNP Paribas Mortgage Securities LLC), Indenture (American Home Mortgage Assets LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture or the Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s CertificateOfficers' Certificate and a letter from the Credit Enhancer, an Opinion stating that the Credit Enhancer has no objection to such request from the Issuer. (d) The Indenture Trustee shall, at the request of Counsel the Issuer or the Depositor, surrender the Policy to the Credit Enhancer for cancellation, upon final payment of principal of and (if required by interest on the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Notes.

Appears in 4 contracts

Samples: Indenture (Home Equity Loan Trust 2006-Hsa4), Indenture (Home Equity Loan Trust 2006-Hsa3), Indenture (Home Equity Loan Trust 2004-Hs3)

Release of Trust Estate. (a) Subject to the payment of its reasonable fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingBonds Outstanding, (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due to the Bond Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes Bonds from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied, and a letter from the Bond Insurer stating that the Bond Insurer has no objection to such request from the Issuer.

Appears in 4 contracts

Samples: Indenture (Novastar Mortgage Funding Corp), Indenture (Novastar Mortgage Funding Corp), Indenture (Merrill Lynch Mortgage Investors Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beAccounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 4 contracts

Samples: Indenture (Pooled Auto Securities Shelf LLC), Indenture (Wachovia Auto Owner Trust 2005-B), Indenture (Pooled Auto Securities Shelf LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) paragraph only upon receipt of an Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections xx.xx. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 4 contracts

Samples: Indenture (CNH Capital Receivables Inc), Indenture (CNH Capital Receivables Inc), Indenture (Case Receivables Ii Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Deposit Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 3 contracts

Samples: Indenture (Chrysler Financial Auto Securitization Trust 2010-A), Indenture (Chrysler Financial Auto Securitization Trust 2009-A), Indenture (Chrysler Financial Auto Securitization Trust 2009-B)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 3 contracts

Samples: Indenture (CarMax Auto Owner Trust 2011-3), Indenture (CarMax Auto Owner Trust 2011-2), Indenture (CarMax Auto Owner Trust 2010-2)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due to the Note Insurer have been paid and (iii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.05 (a) only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (stating that all applicable requirements have been satisfied and, if required by the TIA) , Independent Certificates in accordance with TIA Sections Section 314(c) and 314(d)(1314(d) meeting the applicable requirements of Section 11.01as described herein.

Appears in 3 contracts

Samples: Indenture (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.08, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.08 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 3 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2017-B), Indenture (Hyundai Auto Receivables Trust 2017-B), Indenture (Hyundai Auto Receivables Trust 2015-A)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such property, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstanding, all sums due to the Swap Counterparty and the Holder of the Revolving Liquidity Note have been paid and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, entitled thereto any funds then on deposit in the Collection Account, Payahead Account and Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 3 contracts

Samples: Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account Trust Accounts. Such release shall include delivery to the Issuer or its designee of the 20[__]-[__] SUBI Certificate and delivery to the Securities Intermediary under the Control Agreement of a certificate evidencing the release of the lien of this Indenture and transfer of dominion and control over the Reserve Account, as Fund to the case may beOwner Trustee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Request.

Appears in 3 contracts

Samples: Indenture (Financial Services Vehicle Trust), Indenture (Financial Services Vehicle Trust), Indenture (BMW Auto Leasing LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Note Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) [The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an request from the Issuer Request accompanied by an Officer’s [Officers' Certificate], [an Opinion of Counsel Counsel,] and (if required by a letter from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting Note Insurer, stating that the applicable requirements of Section 11.01Note Insurer has no objection to such request from the Issuer.]

Appears in 3 contracts

Samples: Indenture (WaMu Asset Acceptance Corp.), Indenture (Long Beach Securities Corp), Indenture (WaMu Asset Acceptance Corp.)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture and other Basic Documents have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 3 contracts

Samples: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Home Loan Trust 2005-Hi2), Indenture (Home Loan Trust 2005-Hi3)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.

Appears in 3 contracts

Samples: Indenture (Southern Pacific Secured Assets Corp), Indenture (Impac Secured Assets CMN Trust Series 1998-1), Indenture (Imh Assets Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) paragraph only upon receipt of an Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections sx.xx. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 3 contracts

Samples: Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.

Appears in 3 contracts

Samples: Indenture (CarMax Auto Owner Trust 2014-2), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2013-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any purchase of a Mortgage Loan by the Majority Certificateholder pursuant to Section 8.06 of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) it is notified by the Securities Administrator that there are no Notes outstandingOutstanding and (ii) all sums then due and unpaid to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by a request from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Issuer.

Appears in 3 contracts

Samples: Indenture (Merrill Lynch Mortgage Investors Trust, Series 2005-2), Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2), Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)

Release of Trust Estate. (a) Subject to the payment of its reasonable fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due to the Note Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied, and a letter from the Note Insurer stating that the Note Insurer has no objection to such request from the Issuer.

Appears in 3 contracts

Samples: Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Pacificamerica Money Center Inc), Indenture (Pacificamerica Money Center Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee Collateral Agent may, and when required by the provisions of this Indenture shall, execute instruments to release property from the the, lien of this Indenture, or convey the Indenture Trustee’s Collateral Agent's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee Collateral Agent as provided in this Article Article, VIII shall be bound to ascertain the Indenture Trustee’s Collateral Agent's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee Collateral Agent shall, at such time as there are no Notes outstandingoutstanding and all sums due the Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 3 contracts

Samples: Indenture (TMS Auto Holdings Inc), Indenture (FCC Receivables Corp), Indenture (TMS Auto Holdings Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee Collateral Agent may, and when required by the provisions of this Indenture or Sale and Servicing Agreement shall, execute instruments to release property from the the, lien of this Indenture, or convey the Indenture TrusteeCollateral Agent’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee Collateral Agent as provided in this Article VIII shall be bound to ascertain the Indenture TrusteeCollateral Agent’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee Collateral Agent shall, at such time as the Note Policy shall have terminated in accordance with its terms and there are no Notes outstandingoutstanding and all sums due the Security Insurer under the Insurance Agreement and the Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 3 contracts

Samples: Indenture (Franklin Auto Trust 2003-2), Indenture (Franklin Auto Trust 2004-2), Indenture (Franklin Receivables Auto Trust 2003-1)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses pursuant to Section 6.07indemnification, the Indenture Trustee may, and when required by the provisions of this Indenture or the Servicing Agreement, shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party Person relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid and (iii) all sums due the Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion Officers' Certificate and a letter from the Enhancer stating that the Enhancer has no objection to such request from the Issuer. (d) The Indenture Trustee shall surrender the Policy to the Enhancer for cancellation upon the final payment of Counsel principal of and (if required by interest on the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Notes.

Appears in 2 contracts

Samples: Indenture (Wachovia Asset Securitization Inc 2002 He2 Trust), Indenture (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

Release of Trust Estate. (a) Subject to the payment of ----------------------- its fees fees, expenses and expenses indemnities pursuant to Section 6.07, the Indenture Trustee mayshall, and when required by the provisions of this Indenture shallSection 8.04(b), execute instruments (prepared by the Issuer) to release (without recourse or warranty) property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07Section 6.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Section 11.1.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2012-2), Indenture (CarMax Auto Owner Trust 2012-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections §§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables Trust 2005-A)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections (S)(S) 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.0712.6 and satisfaction of the requirements of Section 2.14, the Indenture Trustee may, and shall when required by the provisions of this Indenture shallor the Servicing Agreement with respect to Removed Receivables, execute instruments to release property from the lien of this Indenture, or and convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent in compliance with the express provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII 5 shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Trustee pursuant to Section 12.6 have been paid and all amounts owing to the Noteholders and Enhancement Providers by the Issuer have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b5.9(b) only upon receipt of an Issuer Request accompanied by an a Cofina Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Base Indenture (CHS Inc), Base Indenture (CHS Inc)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses pursuant to Section 6.07indemnification, the Indenture Trustee may, and when required by the provisions of this Indenture or the Servicing Agreement, shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party Person relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request accompanied by an Officer’s Officers’ Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Phoenix Residential Securities, LLC), Indenture (Phoenix Residential Securities, LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such property, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstanding, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the 201_-_ SUBI Collection Account and or Reserve Account, as the case may be. Such release shall include delivery to the Issuer or its designee of the 201_-_ SUBI Certificate. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Toyota Lease Trust), Indenture (Toyota Lease Trust)

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Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Master Servicer of a Mortgage Loan pursuant to Section 3.18 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingBonds Outstanding, (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid and (iii) all sums due to the Bond Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes Bonds from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp Impac CMB Trust Series 2004-9), Indenture (Imh Assets Corp Impac CMB Trust Series 2003 10)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request a request from the Issuing Entity accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Nomura Home Equity Loan, Inc.), Indenture (Deutsche Alt-a Securities Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Master Servicer of a Mortgage Loan pursuant to Section 3.18 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingBonds Outstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes Bonds from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied,.

Appears in 2 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Imh Assets Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. The Indenture Indenture. (c) Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request request from the Issuing Entity accompanied by an Officer’s [Officers' Certificate], [an Opinion of Counsel Counsel,] and (if required by a letter from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting Credit Enhancer, stating that the applicable requirements of Section 11.01Credit Enhancer has no objection to such request from the Issuing Entity.]

Appears in 2 contracts

Samples: Indenture (Impac Secured Assets Corp), Indenture (Impac Secured Assets Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 (as certified by an authorized officer of the Issuer in the officer’s certificate delivered to the Trustee) have been paid, release any 41 (Nissan 2014-B Indenture) remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the SellerIssuer, any funds entitled thereto then on deposit in the Collection Account and the Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel Certificate and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Nissan Auto Receivables 2014-B Owner Trust), Indenture (Nissan Auto Receivables 2014-B Owner Trust)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such property, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, entitled thereto any funds then on deposit in the Collection Account, Payahead Account and Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Motor Credit Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections (S)(S) 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture Agreement (Asset Backed Securities Corp), Indenture Agreement (Asset Backed Securities Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII IV hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may beIndenture. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an request from the Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel Counsel, and (if required by the TIA) Independent Certificates in accordance with TIA Sections ss. 314(c) and 314(d)(1) meeting the applicable requirements as described herein, and a letter from the President or any Vice President or any Secretary of Section 11.01the Credit Enhancer, if any, stating that the Credit Enhancer has no objection to such request from the Issuer.

Appears in 2 contracts

Samples: Indenture (J P Morgan Acceptance Corp I), Indenture (Chase Manhattan Acceptance Corp /De/)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 (as certified by an authorized officer of the Issuer in the officer’s certificate delivered to the Trustee) have been paid, release any 41 (Nissan 2015-A Indenture) remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the SellerIssuer, any funds entitled thereto then on deposit in the Collection Account and the Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel Certificate and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent consistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as Designated Accounts (to the case may beextent such funds were subject to the Lien of this Indenture). The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections xx.xx. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 2 contracts

Samples: Indenture (Cit Group Securitization Corp Ii), Indenture (Cit Group Securitization Corp Ii)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections ss.ss. 314(c) and 314(d)(1) meeting the meetxxx xhe applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Gs Mortgage Securities Corp), Indenture (Goldman Sachs Asset Backed Securities Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Trust Accounts. Such release shall include delivery to the Issuer or its designee of the 2003-A SUBI Certificate and delivery to the Securities Intermediary under the Control Agreement of a certificate evidencing the release of the lien of this Indenture and transfer of dominion and control over the Reserve Account and Reserve Account, as to the case may beOwner Trustee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an a Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Request.

Appears in 2 contracts

Samples: Indenture (Nissan Auto Lease Trust 2003-A), Indenture (Nissan Auto Leasing LLC Ii)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 and to the Swap Counterparty pursuant to the Swap Agreement, have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release or cause to or be released to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beAccounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel and (and, if required by the TIA) TIA or Section 11.01, Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting ), and otherwise in accordance with the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (Wachovia Auto Owner Trust 2008-A)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Trust Accounts; provided, that, any amounts on deposit in the Reserve Account and Reserve Account, as shall be distributable only to the case may beDepositor following the final distribution to the Certificateholders. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an OfficerIssuer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-4), Indenture (Carmax Auto Funding LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, entitled thereto any funds then on deposit in the Collection Account, Payahead Account and Reserve Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Motor Credit Receivables Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account Trust Accounts. Such release shall include delivery to the Issuer or its designee of the 2014-1 SUBI Certificate and delivery to the Securities Intermediary under the Control Agreement of a certificate evidencing the release of the lien of this Indenture and transfer of dominion and control over the Reserve Account, as Fund to the case may beOwner Trustee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Request.

Appears in 2 contracts

Samples: Indenture (BMW Auto Leasing LLC), Indenture (BMW Auto Leasing LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Note Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) [The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an request from the Issuer Request accompanied by an Officer’s [Officers’ Certificate], [an Opinion of Counsel Counsel,] and (if required by a letter from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting Note Insurer, stating that the applicable requirements of Section 11.01Note Insurer has no objection to such request from the Issuer.]

Appears in 2 contracts

Samples: Indenture (National City Mortgage Capital LLC), Indenture (Long Beach Securities Corp)

Release of Trust Estate. (a) Subject to Section 8.12 and the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the Trust and the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such property, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 and to the Note Insurer pursuant to the Insurance Agreement have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to the Trust or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beAccounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.2(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 2 contracts

Samples: Indenture (Advanta Mortgage Conduit Services Inc), Indenture (Advanta Conduit Receivables Inc)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses indemnities pursuant to Section 6.07, the Indenture Trustee mayshall, and when required by the provisions of this Indenture shallSection 8.04(b), execute instruments (prepared by the Issuer) to release (without recourse or warranty) property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 2 contracts

Samples: Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s CertificateOfficers' Certificate and a letter from the Credit Enhancer, an Opinion stating that the Credit Enhancer has no objection to such request from the Issuer. (d) The Indenture Trustee shall, at the request of Counsel the Issuer or the Depositor, surrender the Credit Enhancement Instrument to the Credit Enhancer for cancellation, upon final payment of principal and (if required by interest on the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Notes.

Appears in 2 contracts

Samples: Indenture (Heloc Asset-Backed Notes Series 2003-2), Indenture (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, may and when required by the provisions of this Indenture shall, shall execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent consistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, shall at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beDesignated Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b8.5(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 2 contracts

Samples: Series Trust Indenture (Corporate Asset Backed Corp), Series Trust Indenture (Corporate Asset Backed Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Master Servicer of a Mortgage Loan pursuant to Section 3.18 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) Section 8.06 The Indenture Trustee shall, at such time as (i) there are no Notes Bonds outstanding, (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid and (iii) all sums due to the Bond Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes Bonds from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (a) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers’ Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied, except as otherwise provided in clause (a).

Appears in 1 contract

Samples: Indenture (IMPAC CMB Trust Series 2005-5)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due to the Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien Lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.05(b) paragraph only upon receipt of an Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections ss.ss. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Xxxxion 11.1.

Appears in 1 contract

Samples: Indenture (CNH Capital Receivables Inc)

Release of Trust Estate. (a) Subject to the payment of its fees fees, expenses and expenses pursuant to Section 6.07indemnities, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repossession by the Servicer of an Asset pursuant to Section 3.11 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements have been satisfied, except releases to the Servicer pursuant to Section 3.11 of Section 11.01the Servicing Agreement.

Appears in 1 contract

Samples: Indenture (Origen Residential Securities, Inc.)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee Collateral Agent may, and when required by the provisions of this Indenture or Sale and Servicing Agreement shall, execute instruments to release property from the the, lien of this Indenture, or convey the Indenture Trustee’s Collateral Agent's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee Collateral Agent as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s Collateral Agent's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee Collateral Agent shall, at such time as the Note Policy shall have terminated in accordance with its terms and there are no Notes outstandingoutstanding and all sums due the Security Insurer under the Insurance Agreement and the Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 1 contract

Samples: Indenture (Franklin Receivables LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture or the Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, and (iii) all sums due the Credit Enhancer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s CertificateOfficers' Certificate and a letter from the Credit Enhancer, an Opinion stating that the Credit Enhancer has no objection to such request from the Issuer. (d) The Indenture Trustee shall, at the request of Counsel the Issuer or the Depositor, surrender the Policy to the Credit Enhancer for cancellation, upon final payment of principal of and (if required by interest on the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Class II Notes.

Appears in 1 contract

Samples: Indenture (Residential Funding Mortgage Securities Ii Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(css.sx. 004(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 1 contract

Samples: Indenture (Caterpillar Financial Funding Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase by the Seller of a Mortgage Loan pursuant to Sections 2.02 or 3.21 of the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request which, except in the case of a repurchase of a Mortgage Loan pursuant to Sections 2.02 or 3.21 of the Sale and Servicing Agreement, shall also be accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.

Appears in 1 contract

Samples: Indenture (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due Indenture Trustee pursuant to Section 6.7 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to Issuer or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve AccountTrust Accounts. Indenture Trustee shall release 1. Each Noteholder or Note Owner, as by its acceptance of a Note or, in the case may be. The of a Note Owner, a beneficial interest in a Note, acknowledges that from time to time the Indenture Trustee shall release property from the lien of this Indenture pursuant on any Receivable to this Section 8.05(bbe sold to (i) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates Seller in accordance with TIA Sections 314(cSection 3.3 of the Sale and Servicing Agreement and (ii) to Servicer in accordance with Section 4.7 of the Sale and 314(d)(1) meeting the applicable requirements of Section 11.01Servicing Agreement.

Appears in 1 contract

Samples: Indenture (Amsouth Auto Receivables LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, [and (iii) all sums due the Credit Enhancer have been paid], release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an request from the Issuer Request accompanied by an Officer’s [Officers' Certificate], [an Opinion of Counsel Counsel,] and (if required by a letter from the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting Credit Enhancer, stating that the applicable requirements of Section 11.01Credit Enhancer has no objection to such request from the Issuer.]

Appears in 1 contract

Samples: Indenture (Homepride Mortgage Finance Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.7 have been paid in full, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel addressed to the Indenture Trustee and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.

Appears in 1 contract

Samples: Indenture (CarMax Auto Owner Trust 2009-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII IV hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding, (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, [and (iii) all sums due the Credit Enhancer have been paid,] release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may beIndenture. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an request from the Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel Counsel, and (if required by the TIA) Independent Certificates in accordance with TIA Sections ss. 314(c) and 314(d)(1314(d) (1) meeting the applicable requirements of Section 11.01.as described herein[, and a letter from the President or any Vice President or

Appears in 1 contract

Samples: Indenture (Morgan Stanley Abs Capital I Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any purchase of a Mortgage Loan by the Majority Certificateholder pursuant to Section 8.06 of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) it is notified by the Securities Administrator that there are no Notes outstandingOutstanding and (ii) all sums then due and unpaid to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion a request from the Issuing Entity or in conjunction with a sale or other transfer of Counsel and (if such property required by to occur for the TIA) Independent proposed transfer of Privately Offered Notes or Certificates in accordance connection with TIA Sections 314(c) a REMIC Conversion, as described in Section 11.01 herein and 314(d)(1) meeting in the applicable requirements of Section 11.01Trust Agreement.

Appears in 1 contract

Samples: Indenture (Bear Stearns ARM Trust 2006-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account Trust Accounts. Such release shall include delivery to the Issuer or its designee of the [____]-[_] SUBI Certificate and delivery to the Securities Intermediary under the Control Agreement of a certificate evidencing the release of the lien of this Indenture and transfer of dominion and control over the Reserve Account, as Fund to the case may beOwner Trustee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.Request. ARTICLE NINE SUPPLEMENTAL INDENTURES

Appears in 1 contract

Samples: Indenture (BMW Auto Leasing LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account Trust Accounts. Such release shall include delivery to the Issuer or its designee of the [____]-[_] SUBI Certificate and delivery to the Securities Intermediary under the Control Agreement of a certificate evidencing the release of the lien of this Indenture and transfer of dominion and control over the Reserve Account, as Fund to the case may beOwner Trustee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Request.

Appears in 1 contract

Samples: Indenture (BMW Auto Leasing LLC)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingoutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer Issuer, or, in the case of the Reserve Account or the Yield Supplement Account, to the Seller, any funds entitled thereto then on deposit in the Collection Account, the Reserve Account and Reserve the Yield Supplement Account, as the case may be. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel Certificate and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 1 contract

Samples: Indenture (Nissan Auto Receivables Corp Ii)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections SectionSection 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.

Appears in 1 contract

Samples: Indenture Agreement (Morgan Stanley Abs Capital Ii Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07expenses, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes outstandingOutstanding[, (ii) all sums due to the Note Insurer have been paid] and (iii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, any funds then on deposit in the Collection Account and Reserve Account, as the case may be. Indenture. (c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.

Appears in 1 contract

Samples: Indenture (Superior Bank FSB)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in such propertythe same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes outstandingOutstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid and all amounts due to the Note Insurer have been paid, release any remaining portion of the Trust Estate that secured the Notes from the lien of this Indenture and release to or to the order of the Issuer or, in the case of the Reserve Account, to the Seller, or any other Person entitled thereto any funds then on deposit in the Collection Account and Reserve Account, as the case may beTrust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.05(b8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA) Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.upon

Appears in 1 contract

Samples: Indenture (First Merchants Acceptance Corp)

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