Common use of Rights of COLT Indenture Trustee Clause in Contracts

Rights of COLT Indenture Trustee. (a) The COLT Indenture Trustee may conclusively rely on any document believed by it to be genuine and to have been signed or presented by the proper Person. The COLT Indenture Trustee need not investigate any fact or matter stated in the document. (b) Before the COLT Indenture Trustee acts or refrains from acting, it may require an Officer's Certificate or an Opinion of Counsel. The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith in reliance on such Officer's Certificate or Opinion of Counsel. (c) The COLT Indenture Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys or a custodian or nominee, and the COLT Indenture Trustee shall not be responsible for any misconduct or negligence on the part of, or for the supervision of, any such agent, attorney, custodian or nominee appointed with due care by it hereunder. (d) The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith which it believes to be authorized or within its rights or powers; provided, however, that the COLT Indenture Trustee's conduct does not constitute willful misconduct, negligence or bad faith. (e) The COLT Indenture Trustee may consult with counsel, and the advice or opinion of counsel with respect to legal matters relating to this COLT Indenture and the COLT 2005-SN1 Secured Notes shall be full and complete authorization and protection from liability in respect to any action taken, omitted or suffered by it hereunder in good faith and in accordance with the advice or opinion of such counsel. (f) The COLT Indenture Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this COLT Indenture at the request or direction of any of the Holders pursuant to this COLT Indenture, unless such Holders shall have offered to the COLT Indenture Trustee security or indemnity satisfactory to the COLT Indenture Trustee against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. (g) The COLT Indenture Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the COLT Indenture Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit. (h) The COLT Indenture Trustee shall not be deemed to have notice of any Default, Event of Default or Servicer Default unless a Responsible Officer of the COLT Indenture Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the COLT Indenture Trustee at the Corporate Trust Office of the COLT Indenture Trustee, and such notice references the COLT 2005-SN1 Secured Notes and this COLT Indenture. (i) The rights, privileges, protections, immunities and benefits given to the COLT Indenture Trustee, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the COLT Indenture Trustee in each of its capacities hereunder.

Rights of COLT Indenture Trustee. (a) The COLT Indenture Trustee may conclusively rely on any document believed by it to be genuine and to have been signed or presented by the proper Person. The COLT Indenture Trustee need not investigate any fact or matter stated in the document. (b) Before the COLT Indenture Trustee acts or refrains from acting, it may require an Officer's Certificate or an Opinion of Counsel. The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith in reliance on such Officer's Certificate or Opinion of Counsel. (c) The COLT Indenture Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys or a custodian or nominee, and the COLT Indenture Trustee shall not be responsible for any misconduct or negligence on the part of, or for the supervision of, any such agent, attorney, custodian or nominee appointed with due care by it hereunder. (d) The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith which it believes to be authorized or within its rights or powers; provided, however, that the COLT Indenture Trustee's conduct does not constitute willful misconduct, negligence or bad faith. (e) The COLT Indenture Trustee may consult with counsel, and the advice or opinion of counsel with respect to legal matters relating to this COLT Indenture and the COLT 2005-SN1 200_-_ Secured Notes shall be full and complete authorization and protection from liability in respect to any action taken, omitted or suffered by it hereunder in good faith and in accordance with the advice or opinion of such counsel. (f) The COLT Indenture Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this COLT Indenture at the request or direction of any of the Holders pursuant to this COLT Indenture, unless such Holders shall have offered to the COLT Indenture Trustee security or indemnity satisfactory to the COLT Indenture Trustee against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. (g) The COLT Indenture Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the COLT Indenture Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit. (h) The COLT Indenture Trustee shall not be deemed to have notice of any Default, Event of Default or Servicer Default unless a Responsible Officer of the COLT Indenture Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the COLT Indenture Trustee at the Corporate Trust Office of the COLT Indenture Trustee, and such notice references the COLT 2005-SN1 200_-_ Secured Notes and this COLT Indenture. (i) The rights, privileges, protections, immunities and benefits given to the COLT Indenture Trustee, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the COLT Indenture Trustee in each of its capacities hereunder.

Rights of COLT Indenture Trustee. (a) The COLT Indenture Trustee may conclusively rely on any document believed by it to be genuine and to have been signed or presented by the proper Person. The COLT Indenture Trustee need not investigate any fact or matter stated in the document. (b) Before the COLT Indenture Trustee acts or refrains from acting, it may require an Officer's Certificate or an Opinion of Counsel. The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith in reliance on such Officer's Certificate or Opinion of Counsel. (c) The COLT Indenture Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys or a custodian or nominee, and the COLT Indenture Trustee shall not be responsible for any misconduct or negligence on the part of, or for the supervision of, any such agent, attorney, custodian or nominee appointed with due care by it hereunder. (d) The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith which it believes to be authorized or within its rights or powers; provided, however, that the COLT Indenture Trustee's conduct does not constitute willful misconduct, negligence or bad faith. (e) The COLT Indenture Trustee may consult with counsel, and the advice or opinion of counsel with respect to legal matters relating to this COLT Indenture and the COLT 20052007-SN1 Secured Notes shall be full and complete authorization and protection from liability in respect to any action taken, omitted or suffered by it hereunder in good faith and in accordance with the advice or opinion of such counsel. (f) The COLT Indenture Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this COLT Indenture at the request or direction of any of the Holders pursuant to this COLT Indenture, unless such Holders shall have offered to the COLT Indenture Trustee security or indemnity satisfactory to the COLT Indenture Trustee against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. (g) The COLT Indenture Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the COLT Indenture Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit. (h) The COLT Indenture Trustee shall not be deemed to have notice of any Default, Event of Default or Servicer Default unless a Responsible Officer of the COLT Indenture Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the COLT Indenture Trustee at the Corporate Trust Office of the COLT Indenture Trustee, and such notice references the COLT 20052007-SN1 Secured Notes and this COLT Indenture. (i) The rights, privileges, protections, immunities and benefits given to the COLT Indenture Trustee, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the COLT Indenture Trustee in each of its capacities hereunder.

Rights of COLT Indenture Trustee. (a) The COLT Indenture Trustee may conclusively rely on any document believed by it to be genuine and to have been signed or presented by the proper Person. The COLT Indenture Trustee need shall not investigate be bound to make any investigation into any fact or matter stated in the document. (b) Before the COLT Indenture Trustee acts or refrains from acting, it may require an Officer's Certificate or an Opinion of Counsel. The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith in reliance on such Officer's Certificate or Opinion of Counsel. (c) The COLT Indenture Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys or a custodian or nominee, and the COLT Indenture Trustee shall not be responsible for any misconduct or negligence on the part of, or for the supervision of, any such agent, attorney, custodian or nominee appointed with due care by it hereunder. (d) The COLT Indenture Trustee shall not be liable for any action it takes or omits to take in good faith which it believes to be authorized or within its rights or powers; provided, however, that the COLT Indenture Trustee's conduct does not constitute willful misconduct, negligence or bad faith. (e) The COLT Indenture Trustee may consult with counsel, and the advice or opinion of counsel with respect to legal matters relating to this COLT Indenture and the COLT 2005-SN1 200 - Secured Notes shall be full and complete authorization and protection from liability in respect to any action taken, omitted or suffered by it hereunder in good faith and in accordance with the advice or opinion of such counsel. (f) The COLT Indenture Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this COLT Indenture at the request or direction of any of the Holders pursuant to this COLT Indenture, unless such Holders shall have offered to the COLT Indenture Trustee security or indemnity satisfactory to the COLT Indenture Trustee against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. (g) The COLT Indenture Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the COLT Indenture Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit. (h) The COLT Indenture Trustee shall not be deemed to have notice of any Default, Default or Event of Default or Servicer Default unless a Responsible Officer of the COLT Indenture Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the COLT Indenture Trustee at the Corporate Trust Office of the COLT Indenture Trustee, and such notice references the COLT 2005-SN1 200 - Secured Notes and this COLT Indenture. (i) The rights, privileges, protections, immunities and benefits given to the COLT Indenture Trustee, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the COLT Indenture Trustee in each of its capacities hereunder.