Resignation of Custodian i. The Custodian may resign and appoint a successor trustee or custodian to serve under this Agreement, or under another governing agreement selected by the successor trustee or custodian, by delivering written notice to Depositor at least 30 days prior to the effective date of such resignation and appointment. The Depositor shall then have 30 days from the date of such notice to either: 1) request a distribution of the entire balance of Depositor’s Account or 2) designate a different successor trustee or custodian and notify the Custodian of such designation. If the Depositor does not request distribution of the account balance or notify the Custodian of the designation of a different successor trustee or custodian within such 30-day period, the Depositor shall be deemed to have consented to the appointment of the successor trustee or custodian and the terms of any new governing instrument, and neither the Depositor nor the successor shall be required to execute any written document to complete the transfer of the account to the successor trustee or custodian. The successor trustee or custodian may rely on any information, including beneficiary designations, previously provided by the Depositor to the Custodian. Where a new governing agreement is selected by the successor trustee or custodian said agreement and related disclosure will be provided to Depositor together with or under separate cover from the notice required in this provision.
ii. The Custodian may resign and demand that the Depositor appoint a successor trustee or custodian for the Custodial Account by giving the Depositor written notice at least 30 days prior to the effective date of such resignation. The Depositor shall then have 30 days from the date of such notice to designate a successor trustee or custodian, notify the Custodian of the name and address of the successor trustee or custodian, and provide the Custodian with appropriate evidence that such successor has accepted the appointment and is qualified to serve as trustee or custodian of an individual retirement account.
A. If the Depositor designates a successor trustee or custodian and provides the Custodian evidence of the successor's acceptance of appointment and qualification within such 30-day period, the Custodian shall then deliver all of the assets held by the Custodian in the account (whether in cash or personal or real property, wherever located, and regardless of value) to the successor trustee or custodian.
B. If the D...
Resignation of Custodian. The Custodian may at any time resign hereunder by giving written notice of its resignation to the Company and the Purchasers, at least ten (10) days prior to the date specified for such resignation to take effect, and upon the effective date of such resignation, all property then held by the Custodian hereunder shall be delivered by it to such Person as may be designated by the Company and the Purchasers, in writing, whereupon all the Custodian's obligations hereunder shall cease and terminate. If no such Person shall have been designated by such date, all obligations of the Custodian hereunder shall, nevertheless, cease and terminate. The Custodian's sole responsibility thereafter shall be to keep safely all property then held by it and to deliver the same to a Person designated by the parties hereto or in accordance with the directions of a final order or judgment of a court of competent jurisdiction, or to file a suit in interpleader as provided in Section 5 above.
Resignation of Custodian. 13 Section 6.13. Limitation of Liability of Trustee...................................................... 14 EXHIBIT A Trust Receipt and Certification..................................................... A-1 EXHIBIT B Request for Release of Documents.................................................... B-1 EXHIBIT C List of Originators..................................................................C-1 EXHIBIT D Transfer Certificate.................................................................D-1 SCHEDULE I Mortgage Loan Schedule CUSTODIAL AGREEMENT THIS CUSTODIAL AGREEMENT is made as of September 1, 1997, by and among THE ORIGINATORS LISTED ON EXHIBIT C HERETO (collectively, the "Originators"), EQUICREDIT CORPORATION OF AMERICA, as Representative (the "Representative") and as Servicer (the "Servicer"), EQCC RECEIVABLES CORPORATION and EQCC ASSET BACKED CORPORATION (collectively, the "Depositors"), U.S. BANK NATIONAL ASSOCIATION, as Trustee under the Pooling and Servicing Agreement (the "Trustee") and BANKBOSTON, N.A., as Custodian (the "Custodian").
Resignation of Custodian. The Custodian may resign upon at least sixty (60) days prior written notice to the Borrower and the Agent. Upon such resignation, the Agent may appoint a successor custodian in accordance with Section 11 hereof, and the resigning Custodian shall immediately comply with the provisions of such Section 11. If a successor is not appointed within forty-five (45) days, the Custodian may petition a court of competent jurisdiction for a successor. Regardless of the reasons for the removal or resignation of the Custodian, the obligations of a removed or resigning Custodian under this Custodial Agreement and its status as custodian for and bailee of the Agent with respect to the Collateral covered hereby shall continue until all of the Investment Files being administered under this Custodial Agreement have been transferred to the successor custodian in accordance with Section 11. The payment of such successor custodian’s fees shall be solely the responsibility of the Borrower.
Resignation of Custodian. 12 Section 6.13. Limitation of Liability of Indenture Trustee and Owner Trustee....................................................................12
Resignation of Custodian. We can resign as Custodian at any time effective 30 days after we mail written notice of our resignation to you. Upon receipt of that notice, you must arrange to transfer your Account assets to another financial organization. If you do not complete a transfer of your Account assets within 30 days from the date we mail the notice to you, we have the right to transfer your Account assets to a successor HSA custodian or trustee that we choose in our sole discretion, or we may pay your Account assets to you in a single sum. We shall not be liable for any actions or failures to act on the part of any successor custodian or trustee, nor for any tax consequences you may incur that result from the transfer or distribution of your assets pursuant to this section. If for any reason we are unable to liquidate a Non-Deposit Vehicle, then your funds invested in that Non-Deposit Vehicle will remain invested in it, and it will be your or your representative’s responsibility to dispose or otherwise take action with respect to them.
Resignation of Custodian. 12 Section 6.13. Limitation of Liability of Indenture Trustee and Owner Trustee................................. 13 EXHIBIT A Custodian Certification.......................................A-1 EXHIBIT B Request for Release of Documents..............................B-1 EXHIBIT C Transfer Certificate..........................................C-1 CUSTODIAL AGREEMENT ------------------- THIS CUSTODIAL AGREEMENT is made as of May 1, 1997, by and among CATERPILLAR FINANCIAL SERVICES CORPORATION (the "Originator"), CATERPILLAR FINANCIAL SERVICES CORPORATION, as Servicer (the "Servicer"), CATERPILLAR FINANCIAL FUNDING CORPORATION (the "Seller"), CATERPILLAR FINANCIAL ASSET TRUST 1997-A (the "Trust"), THE FIRST NATIONAL BANK OF CHICAGO, as Indenture Trustee under the Indenture (the "Indenture Trustee") and THE FIRST NATIONAL BANK OF CHICAGO, as Custodian ("Custodian").
Resignation of Custodian. The Bank may resign at any time upon five (5) business days’ written notice to Member. Upon receipt of such written notice, the Member shall promptly locate and appoint a successor custodian and the Bank shall transfer all Collateral held by it to such successor custodian. If Member does not locate and appoint a successor custodian within five (5) business days of delivery of notice of resignation from the Bank, the Bank shall deliver the Collateral to Depositor and shall have no further obligations hereunder. The obligations of Member and Depositor to the Bank pursuant to the Custodial Agreement and Confirm shall be deemed to survive any termination hereof and any removal or resignation of the Bank.
Resignation of Custodian. We can resign as Custodian at any time effective 30 days after we mail written notice of our resignation to you. Upon receipt of that notice, you must arrange to transfer your Account assets to another financial organization. If you do not complete a transfer of your Account assets within 30 days from the date we mail the notice to you,
Resignation of Custodian. A Custodian may resign at any time by giving 30 days written notice in advance to the Employer, unless such notice is waived by the Employer. The Employer may remove a Custodian by giving such 30-days written notice in advance. Such removal may be with or without cause.
