Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the Enhancer. The Enhancer or the Noteholders of a majority of the aggregate Note Balance of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 24 contracts
Samples: GMACM Home Equity Loan Trust 2006-He2, Residential Asset Mortgage Products Inc, GMACM Home Equity Loan Trust 2006-He1
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the EnhancerIssuer. The Enhancer or the Majority Noteholders of a majority of the aggregate Note Balance of the Notes may remove the Indenture Trustee (with the consent of the Majority Certificateholders, not to be unreasonably withheld) by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred ; provided, that all of the reasonable costs and is continuing, expenses incurred by the appointment of any successor Indenture Trustee in connection with such removal shall be subject reimbursed to it prior to the prior written approval effectiveness of the Servicersuch removal. The Issuer shall remove the Indenture Trustee if:
Appears in 10 contracts
Samples: Indenture (Capitalsource Inc), Indenture (Hercules Technology Growth Capital Inc), Indenture (H&r Block Inc)
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the Credit Enhancer. The Credit Enhancer or the Noteholders of a majority of the aggregate Note Balance of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and the Credit Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 9 contracts
Samples: GMACM Home Loan Trust 2006-Hltv1, Residential Asset Mortgage Products Inc, GMACM Home Loan Trust 2004-Hltv1
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the EnhancerIssuer. The Enhancer or the Noteholders of a majority of the aggregate Note Balance of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 5 contracts
Samples: Phoenix Residential Securities, LLC, Phoenix Residential Securities, LLC, GMACM Home Equity Loan Trust 2007-He3
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the EnhancerIssuer. The Enhancer or the Noteholders of a majority of the aggregate Note Balance of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 5 contracts
Samples: Residential Asset Mortgage Prod Inc Gmacm Mor Ln Tr 2003-Gh1, Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2, Residential Asset Mortgage Products Inc
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. No termination of the Indenture Trustee without cause will be effective unless the costs and expenses of such Indenture Trustee have been reimbursed to the Indenture Trustee in connection with such removal. The Indenture Trustee may resign at any time by so notifying the Issuer and the EnhancerIssuer. The Enhancer or the Noteholders Holders of a majority of the aggregate Note Balance Balances of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 4 contracts
Samples: Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Irwin Whole Loan Home Equity Trust 2005-B, Home Equity Loan-Backed Notes Series 2003-D
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the Enhancer. The Enhancer or the Noteholders of a majority of the aggregate Note Balance of the Notes Notes, with the consent of the Enhancer, may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 4 contracts
Samples: GMACM Home Equity Loan Trust 2007-He2, GMACM Home Equity Loan Trust 2006-He3, GMACM Home Equity Loan Trust 2006-He5
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the EnhancerIssuer. The Enhancer or the Majority Noteholders of a majority of the aggregate Note Balance of the Notes may remove the Indenture Trustee (with the consent of the Majority Certificateholders, not to be unreasonably withheld) by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred ; provided, that all of the reasonable costs and is continuing, expenses incurred by the appointment of any successor Indenture Trustee in connection with such removal shall be subject reimbursed to it prior to the prior written approval effectiveness of the Servicersuch removal. The Issuer shall remove the Indenture Trustee if:
Appears in 2 contracts
Samples: Indenture (H&r Block Inc), H&r Block Inc
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the Enhancer. The Enhancer (so long as no Enhancer Default exists) or if an Enhancer Default exists, the Noteholders of a majority of the aggregate Note Balance of the Notes Notes, may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer in writing (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 2 contracts
Samples: Wachovia Asset (Wachovia Asset Securitization Inc 2002 He2 Trust), Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer and the Enhancer. The Enhancer or the Noteholders of a majority of the aggregate Note Balance of the Notes (with the consent of the Enhancer) may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall remove the Indenture Trustee if:
Appears in 1 contract
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08Section. The Indenture Trustee may resign at any time by so notifying the Issuer Issuer, the Rating Agencies and the EnhancerNote Insurer. The Enhancer Note Insurer (or during the Noteholders continuation of a Note Insurer Default, the Owners of a majority of the aggregate Note Balance Outstanding Amount of the Notes Notes) may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, The Note Insurer (or the appointment of any successor Indenture Trustee shall be subject to Issuer upon the prior written approval consent of the Servicer. The Issuer shall Note Insurer) may remove the Indenture Trustee if:
Appears in 1 contract
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer [and the EnhancerNote Insurer]. [The Enhancer or Note Insurer or] the Noteholders Holders of a majority Majority of the aggregate Note Balance Voting Interests of the Outstanding Notes [with the consent of the Note Insurer] may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject [acceptable to the prior written approval of the ServicerNote Insurer]. The Issuer shall remove the Indenture Trustee [upon the prior written consent of the Note Insurer] if:
Appears in 1 contract
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08Section. The Note Insurer (or during the continuation of a Note Insurer Default, the Indenture Trustee may resign at any time by so notifying the Issuer Issuer, the Rating Agencies and the EnhancerNote Insurer. The Enhancer or the Noteholders Owners of a majority of the aggregate Note Balance Outstanding Amount of the Notes Notes) may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, The Note Insurer (or the appointment of any successor Indenture Trustee shall be subject to Issuer upon the prior written approval consent of the Servicer. The Issuer shall Note Insurer) may remove the Indenture Trustee if:
Appears in 1 contract
Samples: Indenture (First Alliance Mortgage Loan Trust 1998-2)
Replacement of Indenture Trustee. No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer Issuer, the Insurers and the EnhancerSwap Provider. The Enhancer or Note Insurer or, if a Note Insurer Default exists, the Noteholders Holders of a majority of the aggregate Note Balance Balances of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and the Enhancer (if given by such Noteholders) and may appoint a successor Indenture Trustee. Unless a Servicer Default has occurred and is continuing, the appointment of any successor Indenture Trustee shall be subject to the prior written approval of the Servicer. The Issuer shall (with the consent of the Note Insurer, so long as no Note Insurer Default exists), remove the Indenture Trustee if:
Appears in 1 contract
Samples: Argent Securities Inc