SUCCESSOR TRUSTEE AND SUCCESSOR SUPPLEMENTAL INTEREST TRUST TRUSTEE. (a) Any successor trustee and successor supplemental interest trust trustee appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Company and to its predecessor trustee or predecessor supplemental interest trust trustee, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee and predecessor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as trustee or supplemental interest trust trustee herein. The predecessor trustee and predecessor supplemental interest trust trustee shall deliver to the successor trustee and successor supplemental interest trust trustee, as applicable, all Custodial Files and related documents and statements held by it hereunder (other than any Custodial Files at the time held by a Custodian, which shall become the agent of any successor trustee hereunder), and the Company, the Master Servicer, predecessor trustee and predecessor supplemental interest trust trustee shall execute and deliver such instruments and do such other things as may reasonably be required for more fully and certainly vesting and confirming in the successor trustee and successor supplemental interest trust trustee all such rights, powers, duties and obligations. (b) No successor trustee or successor supplemental interest trust trustee shall accept appointment as provided in this Section unless at the time of such acceptance (i) such successor trustee shall be eligible under the provisions of Section 8.06, and (ii) such successor trustee and successor supplemental interest trust trustee shall be the same Person. (c) Upon acceptance of appointment by a successor trustee or successor supplemental interest trust trustee as provided in this Section, the Company shall mail notice of the succession of such trustee and supplemental interest trust trustee hereunder to all Holders of Certificates at their addresses as shown in the Certificate Register. If the Company fails to mail such notice within 10 days after acceptance of appointment by the successor trustee and successor supplemental interest trust trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (RALI Series 2007-Qh1 Trust), Series Supplement to Pooling and Servicing Agreement (RALI Series 2007-Qh1 Trust), Pooling and Servicing Agreement (RALI Series 2007-Qh2 Trust)
SUCCESSOR TRUSTEE AND SUCCESSOR SUPPLEMENTAL INTEREST TRUST TRUSTEE. (a) Any successor trustee and successor supplemental interest trust trustee appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Company and to its predecessor trustee or predecessor supplemental interest trust trustee, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee and predecessor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as trustee Trustee or supplemental interest trust trustee Supplemental Interest Trust Trustee herein. The predecessor trustee and predecessor supplemental interest trust trustee shall deliver to the successor trustee and successor supplemental interest trust trustee, as applicable, all Custodial Files and related documents and statements held by it hereunder (other than any Custodial Files at the time held by a Custodian, which shall become the agent of any successor trustee hereunder), and the Company, the Master Servicer, predecessor trustee and predecessor supplemental interest trust trustee shall execute and deliver such instruments and do such other things as may reasonably be required for more fully and certainly vesting and confirming in the successor trustee and successor supplemental interest trust trustee all such rights, powers, duties and obligations.
(b) No successor trustee or successor supplemental interest trust trustee shall accept appointment as provided in this Section unless at the time of such acceptance (i) such successor trustee shall be eligible under the provisions of Section 8.06, and (ii) such successor trustee and successor supplemental interest trust trustee shall be the same Person.
(c) Upon acceptance of appointment by a successor trustee or successor supplemental interest trust trustee as provided in this Section, the Company shall mail notice of the succession of such trustee Trustee and supplemental interest trust trustee Supplemental Interest Trust Trustee hereunder to all Holders of Certificates at their addresses as shown in the Certificate Register. If the Company fails to mail such notice within 10 days after acceptance of appointment by the successor trustee and successor supplemental interest trust trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (RALI Series 2006-Qo10 Trust), Pooling and Servicing Agreement (RALI Series 2007-Qo1 Trust), Pooling and Servicing Agreement (RALI Series 2007-Qo2 Trust)
SUCCESSOR TRUSTEE AND SUCCESSOR SUPPLEMENTAL INTEREST TRUST TRUSTEE. (a) Any successor trustee and successor supplemental interest trust trustee appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Company and to its predecessor trustee or predecessor supplemental interest trust trustee, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee and predecessor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as trustee or supplemental interest trust trustee herein. The predecessor trustee and predecessor supplemental interest trust trustee shall deliver to the successor trustee and successor supplemental interest trust trustee, as applicable, all Custodial Files and related documents and statements held by it hereunder (other than any Custodial Files at the time held by a Custodian, which shall become the agent of any successor trustee hereunder), and the Company, the Master Servicer, predecessor trustee and predecessor supplemental interest trust trustee shall execute and deliver such instruments and do such other things as may reasonably be required for more fully and certainly vesting and confirming in the successor trustee and successor supplemental interest trust trustee all such rights, powers, duties and obligations.
(b) No successor trustee or successor supplemental interest trust trustee shall accept appointment as provided in this Section unless at the time of such acceptance (i) such successor trustee shall be eligible under the provisions of Section 8.06, and (ii) such successor trustee and successor supplemental interest trust trustee shall be the same Person.
(c) Upon acceptance of appointment by a successor trustee or successor supplemental interest trust trustee as provided in this Section, the Company shall mail notice of the succession of such trustee and supplemental interest trust trustee hereunder to to: (i) all Holders of Certificates at their addresses as shown in the Certificate RegisterRegister and (ii) to the Swap Counterparty unless the Swap Agreement has been terminated. If the Company fails to mail such notice within 10 days after acceptance of appointment by the successor trustee and successor supplemental interest trust trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (RALI Series 2007-Qh4 Trust), Pooling and Servicing Agreement (RALI Series 2007-Qh6 Trust), Pooling and Servicing Agreement (RALI Series 2007-Qh5 Trust)
SUCCESSOR TRUSTEE AND SUCCESSOR SUPPLEMENTAL INTEREST TRUST TRUSTEE. (a) Any successor trustee and successor supplemental interest trust trustee appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Company and to its predecessor trustee or predecessor supplemental interest trust trustee, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee and predecessor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as trustee or supplemental interest trust trustee herein. The predecessor trustee and predecessor supplemental interest trust trustee shall deliver to the successor trustee and successor supplemental interest trust trustee, as applicable, all Custodial Files and related documents and statements held by it hereunder (other than any Custodial Files at the time held by a Custodian, which shall become the agent of any successor trustee hereunder), and the Company, the Master Servicer, predecessor trustee and predecessor supplemental interest trust trustee shall execute and deliver such instruments and do such other things as may reasonably be required for more fully and certainly vesting and confirming in the successor trustee and successor supplemental interest trust trustee all such rights, powers, duties and obligations.
(b) No successor trustee or successor supplemental interest trust trustee shall accept appointment as provided in this Section unless at the time of such acceptance (i) such successor trustee shall be eligible under the provisions of Section 8.06, and (ii) such successor trustee and successor supplemental interest trust trustee shall be the same Person.
(c) Upon acceptance of appointment by a successor trustee or successor supplemental interest trust trustee as provided in this Section, the Company shall mail notice of the succession of such trustee and supplemental interest trust trustee hereunder to to: (i) all Holders of Certificates at their addresses as shown in the Certificate RegisterRegister and (ii) to the Swap Provider unless the Swap Agreement has been terminated. If the Company fails to mail such notice within 10 days after acceptance of appointment by the successor trustee and successor supplemental interest trust trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (RALI Series 2007-Qh7 Trust)
SUCCESSOR TRUSTEE AND SUCCESSOR SUPPLEMENTAL INTEREST TRUST TRUSTEE. (a) Any successor trustee and successor supplemental interest trust trustee appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Company and to its predecessor trustee or predecessor supplemental interest trust trustee, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee and predecessor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee shall become effective and such successor trustee and successor supplemental interest trust trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as trustee or supplemental interest trust trustee herein. The predecessor trustee and predecessor supplemental interest trust trustee shall deliver to the successor trustee and successor supplemental interest trust trustee, as applicable, all Custodial Files and related documents and statements held by it hereunder (other than any Custodial Files at the time held by a Custodian, which shall become the agent of any successor trustee hereunder), and the Company, the Master Servicer, predecessor trustee and predecessor supplemental interest trust trustee shall execute and deliver such instruments and do such other things as may reasonably be required for more fully and certainly vesting and confirming in the successor trustee and successor supplemental interest trust trustee all such rights, powers, duties and obligations.
(b) No successor trustee or successor supplemental interest trust trustee shall accept appointment as provided in this Section unless at the time of such acceptance (i) such successor trustee shall be eligible under the provisions of Section 8.06, and (ii) such successor trustee and successor supplemental interest trust trustee shall be the same Person.
(c) Upon acceptance of appointment by a successor trustee or successor supplemental interest trust trustee as provided in this Section, the Company shall mail notice of the succession of such trustee and supplemental interest trust trustee hereunder to all Holders of Certificates at their addresses as shown in the Certificate Register. If the Company fails to mail such notice within 10 days after acceptance of appointment by the successor trustee and successor supplemental interest trust trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (RALI Series 2006-Qa7 Trust)