Common use of Release of Trust Estate Clause in Contracts

Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in 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 monies. (b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to this Indenture have been paid, release the portion of the Trust Estate that secured the Notes from the Lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Request.

Appears in 2 contracts

Samples: Indenture (Bear Stearns Asset Backed Securities I LLC), Indenture (Bear Stearns Asset Backed Securities I LLC)

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Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in 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 monies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release the any remaining portion of the Trust Estate that secured the Notes from the Lien lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Request.

Appears in 2 contracts

Samples: Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Indenture (Home Equity Loan-Backed Notes Series 2003-D)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in 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 monies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes Bonds Outstanding and (ii) all sums due to the Indenture Trustee pursuant to this Indenture have been paid, release the any remaining portion of the Trust Estate that secured the Notes Bonds from the Lien lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien lien of this Indenture pursuant to this Section 8.05 only upon receipt of a request from the Issuer accompanied by an Issuing Entity RequestOfficers' Certificate and an Opinion of Counsel stating that all applicable requirements have been satisfied.

Appears in 2 contracts

Samples: Indenture (Impac CMB Trust Series 1998-2), Indenture (Imh Assets Corp)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in 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 monies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release the any remaining portion of the Trust Estate that secured the Notes from the Lien lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Request.

Appears in 2 contracts

Samples: Indenture (Irwin Whole Loan Home Equity Trust 2005-B), Indenture (Irwin Whole Loan Home Equity Trust 2005-C)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in Article VIII IV 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 moniesmoneys. (b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and Outstanding, (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 (1) meeting the portion applicable requirements as described herein[, and a letter from the President or any Vice President or any Secretary of the Trust Estate Credit Enhancer, if any, stating that secured the Notes Credit Enhancer has no objection to such request from the Lien of this IndentureIssuer]. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Request.

Appears in 1 contract

Samples: Indenture (Equity One Abs Inc)

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Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in 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 monies. (b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to this Indenture have been paid, release the portion of the Trust Estate that secured the Notes from the Lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Issuer Request.

Appears in 1 contract

Samples: Indenture (Irwin Home Equity Loan Trust 2005-1)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in 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 monies. (b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and (ii) all sums due the Indenture Trustee pursuant to this Indenture have been paid, release the any remaining portion of the Trust Estate that secured the Notes from the Lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Issuer Request.

Appears in 1 contract

Samples: Indenture (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)

Release of Trust Estate. (a) Subject to the payment of its fees and expenses, 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 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 Indenture Trustee as provided in Article VIII IV 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 moniesmoneys. (b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and Outstanding, (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 the portion of the Trust Estate that secured the Notes from the Lien of this Indenture. (c) The Indenture Trustee shall release property from the Lien of this Indenture pursuant to this Section only upon receipt of an Issuing Entity Request.any remaining

Appears in 1 contract

Samples: Indenture (Cwabs Inc)

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