Common use of Reliance; Advice of Counsel Clause in Contracts

Reliance; Advice of Counsel. (a) Except as provided in Section 6.01, the Owner Trustee shall incur no liability to anyone in acting upon any signature, instrument, notice, resolution, request, consent, order, certificate, report, opinion, bond or other document or paper believed by it to be genuine and believed by it to be signed by the proper party or parties. The Owner Trustee may accept a certified copy of a resolution of the board of directors or other governing body of any corporate or partnership entity as conclusive evidence that such resolution has been duly adopted by such body and that the same is in full force and effect. As to any fact or matter the manner of ascertainment of which is not specifically prescribed herein, the Owner Trustee may for all purposes hereof rely on a certificate, signed by the president or any vice president (or the general partner, in the case of a partnership) and by the treasurer or any assistant treasurer or the secretary or any assistant secretary of the relevant party, as to such fact or matter, and such certificate shall constitute full protection to the Owner Trustee for any action taken or omitted to be taken by it in good faith in reliance thereon.

Appears in 78 contracts

Samples: Trust Agreement (Sast 2006-3), Trust Agreement (HomeBanc Mortgage Trust 2006-2), Trust Agreement (Thornburg Mortgage Securities Trust 2007-2)

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Reliance; Advice of Counsel. (a) Except as provided in Section 6.016.1, the Owner Trustee shall incur no liability to anyone in acting upon any signature, instrument, notice, resolution, request, consent, order, certificate, report, opinion, bond or other document or paper believed by it to be genuine and believed by it to be signed by the proper party or parties. The Owner Trustee may accept a certified copy of a resolution of the board of directors or other governing body of any corporate or partnership entity as conclusive evidence that such resolution has been duly adopted by such body and that the same is in full force and effect. As to any fact or matter the manner of ascertainment of which is not specifically prescribed herein, the Owner Trustee may for all purposes hereof rely on a certificate, signed by the president or any vice president (or the general partner, in the case of a partnership) and by the treasurer or any assistant treasurer or the secretary or any assistant secretary of the relevant party, as to such fact or matter, and such certificate shall constitute full protection to the Owner Trustee for any action taken or omitted to be taken by it in good faith in reliance thereon.

Appears in 10 contracts

Samples: Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (First NLC Trust 2005-3 Mortgate-Backed Notes, Series 2005-3), Owner Trust Agreement (FBR Securitization Trust 2005-1)

Reliance; Advice of Counsel. (a) Except as provided in Section 6.01, the The Owner Trustee shall incur no liability to anyone in acting upon any signature, instrument, notice, resolution, request, consent, order, certificate, report, opinion, bond or other document or paper believed by it to be genuine and believed by it to be signed by the proper party or partiesparties and need not investigate any fact or matter in any such document. The Owner Trustee may accept a certified copy of a resolution of the board of directors or other governing body of any corporate or partnership entity party as conclusive evidence that such resolution has been duly adopted by such body and that the same is in full force and effect. As to any fact or matter the manner method of ascertainment the determination of which is not specifically prescribed herein, the Owner Trustee may for all purposes hereof rely rely, without any inquiry or investigation into the factual matters addressed therein, on a certificate, signed by the president or any vice president (or the general partner, in the case of a partnership) and by the treasurer or any assistant treasurer or the secretary or any assistant secretary other authorized officers of the relevant party, as to such fact or matter, and such certificate shall constitute full protection to the Owner Trustee for any action taken or omitted to be taken by it in good faith in reliance thereon.

Appears in 3 contracts

Samples: Trust Agreement (Navistar Financial Corp), Trust Agreement (Wodfi LLC), Trust Agreement (Volkswagen Dealer Finance LLC)

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Reliance; Advice of Counsel. (a) Except as provided in Section 6.01, the Owner Trustee shall incur no liability to anyone in acting upon any signature, instrument, notice, resolution, request, consent, order, certificate, report, opinion, bond or other document or paper believed by it to be genuine and believed by it to be signed by the proper party or parties. The Owner Trustee may accept a certified copy of a resolution of the board of directors or other governing body of any corporate or partnership business entity as conclusive evidence that such resolution has been duly adopted by such body and that the same is in full force and effect. As to any fact or matter the manner of ascertainment of which is not specifically prescribed herein, the Owner Trustee may for all purposes hereof rely on a certificate, signed by the president or any vice president (or the general partnerpresident, in the case of a partnership) and by the treasurer or any assistant treasurer or the secretary or any assistant secretary of the relevant partyparty (or the general partner, in the case of a partnership or a member or manager of a limited liability company), as to such fact or matter, and such certificate shall constitute full protection to the Owner Trustee for any action taken or omitted to be taken by it in good faith in reliance thereon.

Appears in 2 contracts

Samples: Trust Agreement (PHH Mortgage Trust, Series 2008-Cim2), Trust Agreement (PHH Mortgage Trust, Series 2008-Cim1)

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