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 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 Trustee's interest in the 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 Trustee as provided in this Article shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any monies. (b) The Trustee shall, at such time as there are no Notes Outstanding and all sums due the 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 Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(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 14 contracts

Samples: Indenture (WFS Receivables Corp), Indenture (WFS Receivables Corp 2), Indenture (WFS Financial Auto Loans Inc)

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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 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 Trustee's interest in the 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 Trustee as provided in this Article VIII shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moniesmoneys. (b) The Trustee shall, at such time as there are no Notes Outstanding outstanding, all Issuer Secured Obligations have been paid in full and all sums due the Trustee pursuant to Section 6.07 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 the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.2(b) only upon receipt of an Issuer Request accompanied by an Officer's Certificate, 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 11.0111.1.

Appears in 10 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the 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 Trustee's interest in the 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 Trustee as provided in this Article shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any monies. (b) The Trustee shall, at such time as there are no Notes Outstanding and all sums due the 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 Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by (i) an Officer's Certificate, Certificate and an Opinion of Counsel Counsel, in each case stating that all conditions precedent provided in this Indenture have been complied with and (ii) 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 (WFS Receivables Corp 4), Indenture (WFS Financial 2005-2 Owner Trust), Indenture (WFS Financial 2004-4 Owner Trust)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the 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 Trustee's interest in the 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 Trustee as provided in this Article shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any monies. (b) The Trustee shall, at such time as there are no Notes Outstanding and all sums due the 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 Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by (i) an Officer's Certificate, Certificate and an Opinion of Counsel Counsel, in each case stating that all conditions precedent provided in this Indenture have been complied with and (ii) 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 (WFS Receivables Corp 3), Indenture (WFS Receivables Corp 3), Indenture (WFS Receivables Corp 3)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the 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 Trustee's interest in the 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 Trustee as provided in this Article VIII shall be bound to ascertain the Trustee's ’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moniesmoneys. (b) The Trustee shall, at such time as there are no Notes Outstanding outstanding, all Issuer Secured Obligations have been paid in full and all sums due the Trustee pursuant to Section 6.07 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 the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.2(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 11.0111.1.

Appears in 4 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07Article VI hereunder, the 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 Trustee's interest in the 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 Trustee as provided in this Article VIII shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moniesmoneys. (b) The Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due the Trustee pursuant to Section 6.07 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 the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(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 ss. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 4 contracts

Samples: Indenture (Oxford Resources Corp), Indenture (Mellon Auto Receivables Corp), Indenture (Ace Securities Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.077.07 and upon receipt of an Issuer Order directing the Trustee to do so, the 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 Trustee's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including Sections 4.04, 5.03 and 6.16 hereof. No party relying upon an instrument executed by the Trustee as provided in this Article IV shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to supervise the application of any moniesfunds. (b) The Trustee shall, at such time as there are no Notes Bonds Outstanding and all sums amounts due the Trustee pursuant to Section 6.07 7.07 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 the Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollateral Proceeds Account and the Reserve Fund. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b4.05(b) only upon receipt of an Issuer Request accompanied by an Officer's CertificateOfficers' Certificate of the Issuer, an Opinion of Counsel and (if required by the TIA) an Independent Certificates certificate in accordance with TIA Sections xx.xx. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01).

Appears in 3 contracts

Samples: Indenture (National Collegiate Trust 1996-S2), Indenture (National Collegiate Trust 1996-S2), Indenture (National Collegiate Trust 1996-S2)

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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 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 Trustee's interest in the 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 Trustee as provided in this Article VIII shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moniesmoneys. (b) The Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due the Trustee pursuant to Section 6.07 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 the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(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 TIAss. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.

Appears in 2 contracts

Samples: Indenture (Money Store Home Equity Corp), Indenture (Money Store Commercial Mortgage Inc)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the 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 Trustee's interest in the 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 Trustee Except as otherwise provided in this Article shall be bound to ascertain the Trustee's authority, inquire into the satisfaction of any conditions precedent or see to the application of any monies. subsections (b) The Trustee shall, at such time as there are no Notes Outstanding and all sums due (c) of this Section 2.9 and Section 11.1 hereof and the Trustee pursuant to Section 6.07 have been paid, release any remaining portion terms of the Trust Estate that secured Transaction Documents, the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(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)(1314(d)(l) meeting or an Opinion of Counsel in lieu of such Independent Certificates to the applicable requirements effect that the TIA does not require any such Independent Certificates. (b) The Master Servicer, on behalf of the Issuer, shall be entitled to obtain a release from the lien of this Indenture for any Home Equity Loan and the related Mortgaged Property at any time in accordance with the provisions of Section 11.013.08 of the Sale and Servicing Agreement. (c) The Indenture Trustee shall, if requested by the Master Servicer, temporarily release to the Master Servicer the Indenture Trustee's Mortgage File pursuant to the provisions of Section 3.08 of the Sale and Servicing Agreement upon compliance by the Master Servicer of the provisions thereof provided that the Indenture Trustee's Mortgage File shall have been stamped to signify the Issuer's pledge to the Indenture Trustee under the Indenture.

Appears in 2 contracts

Samples: Indenture (HFC Revolving Corp Household Home Equity Ln Tr 2003 1), Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2003 2)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses and other amounts pursuant to Section 6.076.7, the Trustee Trust Collateral Agent 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 Trustee's interest in the 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 Trustee Trust Collateral Agent as provided in this Article VIII shall be bound to ascertain the Trustee's Trust Collateral Agent’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moniesmoneys. (b) The Trustee Trust Collateral Agent shall, at such time as there are no Notes Outstanding outstanding and all sums due the Trustee pursuant to Section 6.07 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 the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.2(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 11.01Counsel.

Appears in 1 contract

Samples: Indenture (Americredit Corp)

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