Removal of Custodian. With or without cause, with sixty (60) days’ notice, (a) prior to the occurrence of an Event of Default the Issuer may, with the prior written consent of the Control Party, or (b) following the occurrence of an Event of Default, the Control Party may, remove and discharge the Custodian from the performance of its duties under this Indenture with respect to any or all of the Contracts and related Contract Files by written notice from the Issuer or the Control Party, as the case may be, to the Custodian, with a copy to the Trustee and the Servicer. Having given notice of such removal, the Issuer (prior to the occurrence of an Event of Default) or the Control Party (following the occurrence of an Event of Default) shall, by written instrument and with the consent of the Control Party (if the notice of removal came from the Issuer), promptly appoint a successor custodian to act on behalf of the Issuer in replacement of the Custodian under this Indenture, which successor Custodian shall be satisfactory to the Control Party in its sole discretion. In the event of any such removal, the Custodian shall promptly transfer to the successor custodian, as directed, all affected Contracts and related Contract Files. In the event of removal of the Custodian for cause and the appointment of a successor custodian under this Indenture, the expenses of transferring the Contracts and related Contract Files to the successor custodian shall be at the expense of the Custodian. In the event of removal of the Custodian without cause by the Issuer (prior to the occurrence of an Event of Default) or the Control Party, as the case may be, and the appointment of a successor custodian under this Indenture, the Issuer shall be responsible for the expenses of transferring the Contracts and related Contract Files to the successor custodian. Notwithstanding the foregoing, this Indenture shall remain in full force and effect with respect to any Contracts and related Contract Files for which this Indenture is not terminated hereunder. The Custodian may petition a court of competent jurisdiction to appoint a successor hereunder if no successor is appointed within such 60-day notice period.
Removal of Custodian. The Trustee, with or without cause (at the direction of the Servicer), may upon at least sixty (60) days' notice remove and discharge the Custodian from the performance of its duties under this Custodial Agreement by written notice from the Trustee to the Custodian, with a copy to the Servicer. Having given notice of such removal, the Servicer, with the consent of the Trustee, promptly shall appoint a successor Custodian (which may be the Trustee or an affiliate of the Trustee) to act on behalf of the Trustee by written instrument, one original counterpart of which instrument shall be delivered to the Trustee, with a copy to the Servicer and an original to the successor Custodian. In the event of any such removal, the Custodian shall promptly transfer to the successor Custodian, as directed, all Custodial Files being administered under this Custodial Agreement. In the event of any such appointments the Servicer shall be responsible for the fees and expenses of the existing and successor Custodian. If the Trustee (at the direction of the Servicer) removes the Custodian without cause, the Servicer shall be responsible for payment of all expenses incurred in the transmission of the Custodial Files to the successor Custodian and for all applicable release fees of the Custodian. If the Servicer removes the Custodian, the Servicer shall be responsible for payment of all expenses incurred in the transmission of the Custodial Files to the successor Custodian and for all applicable release fees of the Custodian.
Removal of Custodian. The Trustee, with or without cause, may upon at least 60 days’ notice remove and discharge the Custodian from the performance of its duties under this Agreement by written notice from the Trustee to the Custodian, with a copy to the Servicer. Having given notice of such removal, the Trustee promptly shall appoint (at the direction of the Depositor and with the consent of the Servicer) a successor Custodian to act on behalf of the Trustee by written instrument, one original counterpart of which instrument shall be retained by the Trustee, with a copy to the Servicer, and an original to the successor Custodian. In the event of any such removal, the Custodian shall, upon the Trustee’s surrender of the Trust Receipt and Initial Certifications and Final Trust Receipt, as applicable, promptly transfer to the successor Custodian, as directed, all Custodial Files being administered under this Agreement. In the event of any such removal and appointment the Trust Fund shall be responsible for the fees and expenses of the existing and successor Custodian.
Removal of Custodian. The Trustee at the direction of the Depositor, with or without cause, may upon at least 60 days' notice remove and discharge the Custodian from the performance of its duties under this Agreement by written notice from the Trustee to the Custodian, with a copy to the Servicer. Having given notice of such removal, the Trustee at the direction of the Depositor promptly shall appoint (with the consent of the Servicer) a successor Custodian to act on behalf of the Trustee by written instrument, one original counterpart of which instrument shall be retained by the Trustee, with a copy to each of the Servicer and the Depositor, and an original to the successor Custodian. In the event of any such removal, the Custodian shall, upon the Trustee's surrender of the Trust Receipt and Initial Certifications and Final Certification, as applicable, promptly transfer to the successor Custodian, as directed, all Custodial Files being administered under this Agreement. In the event of any such removal and appointment the Trust Fund shall be responsible for the fees and expenses of the existing and successor Custodian.
Removal of Custodian. 6 11. Transfer of Custodial Files............................................6 12. Examination of Custodial Files.........................................6
Removal of Custodian. The Trustee, with or without cause, may upon at least 60 days’ notice remove and discharge the Custodian from the performance of its duties under this Custodial Agreement by written notice from the Trustee to the Custodian. Having given notice of such removal, the Trustee promptly shall appoint a successor Custodian (which may be the Trustee or an affiliate of the Trustee) to act on behalf of the Trustee by written instrument, one original counterpart of which instrument shall be delivered to the Trustee and an original to the successor Custodian. In the event of any such removal, the Custodian shall promptly transfer to the successor Custodian, as directed, all Custodial Files being administered under this Custodial Agreement. If the Custodian is removed for cause, the fees and expenses of the existing and successor Custodian (including, without limitation, any recertification fees) shall be the responsibility of the removed Custodian. If the Trustee removes the Custodian without cause, the Trustee shall be responsible for payment of all Custodian Fees of the existing Custodian, including all expenses incurred in the transmission of the Custodial Files to the successor Custodian and for all applicable release fees of the Custodian; provided, however, that if the Trustee removes the Custodian without cause and upon the written direction of RWT, RWT shall be responsible for payment of all expenses incurred in the transmission of the Custodial Files to the successor Custodian and for all applicable release fees of the Custodian. If the Trustee removes the Custodian without cause, the Trust Administrator shall be responsible for the fees of the successor Custodian, provided that the schedule of fees of the successor Custodian is substantially similar to the Custodian Fees.
Removal of Custodian. Company may upon at least 30 days' notice remove and discharge Custodian from the performance of its duties under this Agreement by written notice from Company to Custodian, with a copy to Servicer. In the event of any such removal, Custodian shall promptly transfer to Company, or as otherwise directed by the Company, the Mortgage File. Such removal of Custodian shall not affect the obligations and duties of Servicer under the Servicing Agreement.
Removal of Custodian. Subject to Section 22 regarding appointment of a successor Xxxxxxxxx, the Indenture Trustee, with or without cause, may remove and discharge the Custodian from the performance of its duties under this Agreement by written notice from the Indenture Trustee to the Custodian (with sixty days' prior written notice, in the case of termination without cause), with a copy to the Trust and to the Servicer. Two days prior to the effective date of such removal, the Indenture Trustee shall notify the Servicer in writing of the successor Xxxxxxxxx's name, address, contact information and telephone number.
Removal of Custodian. Upon at least 45 days' prior written notice to the Custodian, and only for cause, the Purchaser may remove and discharge the Custodian from the performance of its duties under this Agreement. Having given notice of such removal, the Purchaser promptly shall appoint a successor Custodian to act on behalf of the Purchaser by written instrument, one original counterpart of which instrument shall be delivered to the Custodian. Any termination by the Purchaser shall be accompanied or followed promptly by proper instructions in writing setting forth the names of the persons to whom the Custodian shall deliver the Additional Collateral. The Custodian will deliver promptly the Additional Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. The Purchaser shall be responsible for the fees of the successor Custodian.
Removal of Custodian. Section 14.
