Common use of Suits for Enforcement Clause in Contracts

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 197 contracts

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Wachovia Asset Funding Trust, LLC), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)

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Suits for Enforcement. In case an Event of Default or other a default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement Agreement, as the case may be, by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 78 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4), Pooling and Servicing Agreement (HarborView 2007-7)

Suits for Enforcement. In case an Event of Default or other default by the Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 44 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding Corp)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 35 contracts

Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb6), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5), Distribution Instructions (Citigroup Mortgage Loan Trust Inc)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 28 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Ser 2002-4), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-2), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 28 contracts

Samples: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff5), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-Wmc1)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 25 contracts

Samples: Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2006-E), Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2006-D), Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2007-A)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 11.01 and 11.14, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 24 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement

Suits for Enforcement. In case an a Master Servicer Event of Default Termination or other default by the Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 24 contracts

Samples: Pooling and Servicing Agreement (PHHMC Series 2007-6 Trust), Pooling and Servicing Agreement (PHHMC Series 2007-5 Trust), Pooling and Servicing Agreement (PHHMC Series 2007-4 Trust)

Suits for Enforcement. In case an Event of Default or other default by the a Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2005-B), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pas Thru Cert Ser 1999-11), Pooling and Servicing Agreement (Bank of America Mort Secs Inc Mort Pas Thru Cert Sers 1999-7)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp. ABFC Asset Backed Certificates Series 2004-Opt3), Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asst BCKD Cert Ser 2002-Opt1), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt1)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 10.01 and 11.14, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Funding, LLC), Pooling and Servicing Agreement

Suits for Enforcement. In case an Event of Default or other a default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement Agreement, as the case may be, by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee Trustee, the Certificate Insurer and the Certificateholders.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (HarborView 2006-10), Pooling Agreement (Harborview Mortgage Loan Trust 2006-1), Pooling and Servicing Agreement (Dsla 2007-Ar1)

Suits for Enforcement. In case an Event of If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Section 10.01 and 11.14, proceed to protect and enforce its rights and the rights of the Holders any Series of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the or any Series of Certificateholders.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Insurer and the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and Trustee, the Insurer or the Certificateholders.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc)

Suits for Enforcement. In case an a Servicer Event of Default or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust), Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust), Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc MRT Ln Ps Th CRT Sr 01 Frb1), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc MRT Ln Ps Th CRT Sr 01 Frb1), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Suits for Enforcement. In case an Event of Default or other a default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Indenture Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Securityholders under this Agreement Agreement, as the case may be, by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Indenture Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Indenture Trustee and the CertificateholdersSecurityholders.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp), Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2), Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Lehman Home Equity Loan Trust 2004-3)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1998-1)

Suits for Enforcement. In case an Event of Default or other default by the Servicer Servicer, the Seller or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Provident Funding Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Provident Funding Mortgage Pass-Through Cert Series 2003-1), Pooling and Servicing Agreement (Greenwich Capital Acc Inc Provident Fund Mort Loan Tr 2004 1)

Suits for Enforcement. In case If an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Section 11.01, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De), Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii), Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder of Vanderbilt shall occur and be continuing, the Trustee, in its discretion, discretion may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Senior Subordinate Pass Through Cert Series 2003-A), Custodial Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002-C), Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, but subject to Section 10.01, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Superior Bank FSB), Pooling and Servicing Agreement (Superior Bank FSB), Pooling and Servicing Agreement (Remodelers Investment Corp)

Suits for Enforcement. In case an Event of Default Servicing Termination or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 3 contracts

Samples: Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC), Supplement Agreement (Usaa Acceptance LLC)

Suits for Enforcement. In case If an Event of Default or other default by the a Servicer or the Depositor hereunder Default shall occur and be continuing, the Trustee, in its discretion, may may, subject to the provisions of Article IX and Section 10.1, proceed to protect and enforce its rights and the rights of the Holders of Certificates Noteholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the CertificateholdersNoteholders.

Appears in 3 contracts

Samples: Master Indenture and Servicing Agreement (Wyndham Worldwide Corp), Master Indenture and Servicing Agreement (Cendant Corp), Master Indenture and Servicing Agreement (Cendant Corp)

Suits for Enforcement. In case an Event of Default or other default by the a Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-D), Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-4), Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-1 Trust)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor Sponsor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 2 contracts

Samples: Distribution Instructions (C-Bass Mortgage Loan Trust 2007-Cb3), Pooling and Servicing Agreement (Ownit Mortgage Loan Trust, Series 2006-1)

Suits for Enforcement. In case an Event of Default or other default by the Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights right and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Beneficial Mortgage Services Inc), Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 11.1 and 11.14, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Card Receivables Funding Corp), Pooling and Servicing Agreement (Partners First Receivables Funding Corp)

Suits for Enforcement. In case an a Master Servicer Event of Default Termination or other default by the Master Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He1), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2004-He1)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder of Vanderbilt shall occur and be continuing, the Trustee, in its discretion, discretion may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.. [End of Article X]

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002 A)

Suits for Enforcement. In case an Event of Default Servicing Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this the Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this the Agreement or in aid of the execution of any power granted in this the Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Suits for Enforcement. In case an Event of Default or other a default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement Agreement, as the case may be, by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.. 126

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HarborView 2006-13), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)

Suits for Enforcement. In case an Event of Default Servicing Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa National Association), Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 10.01 and 11.14, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of 84 the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Providian Master Trust), Pooling and Servicing Agreement (Providian Master Trust)

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Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its 75 80 discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this the Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this the Agreement or in aid of the execution of any power granted in this the Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Guarantor and the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and Trustee, the Guarantor or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Equity One Mortgage Pass-THR Trust 2002-5)

Suits for Enforcement. In case an Event of Default or other default by the any Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)

Suits for Enforcement. In case an Event of Default or --------------------- other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Norwest Asset Acceptance Corp)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.. 155

Appears in 1 contract

Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Insurer and the Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee or the Insurer and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of 124 any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Series 2006-Cb4)

Suits for Enforcement. In case an Event of Default Servicing Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this the Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this the Agreement or in aid of the execution of any power granted in this the Agreement or for the enforcement of any other legal, equitable or other remedyreme- dy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Suits for Enforcement. In case an a Master Servicer Termination --------------------- Event of Default or other default by the Master Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, discretion may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Suits for Enforcement. In case If an Event of Default or other default by the Servicer or the Depositor hereunder shall --------------------- occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Section 11.01, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Suits for Enforcement. In case an a Master Servicer --------------------- Termination Event of Default or other default by the Master Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, discretion may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 10.01 and 11.14, proceed to protect and enforce its rights and the and.the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Asset Backed Securities Corp

Suits for Enforcement. In case If an Event of Default or other default by the a Servicer or the Depositor hereunder Default shall occur and be continuing, the Trustee, in its discretion, may may, subject to the provisions of Article XI and Section 12.1, proceed to protect and enforce its rights and the rights of the Holders of Certificates Noteholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the CertificateholdersNoteholders.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Cendant Corp)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 10.01 and 11.14, proceed to protect and enforce its rights and and, the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Servicing Agreement (Ace Securities Corp)

Suits for Enforcement. In case an Event of (a) If a Servicer Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Sections 11.01 and 11.14, proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the CertificateholdersHolders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Zenith Electronics Corp)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid 105 of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2005-1)

Suits for Enforcement. In case an a Servicer Event of Default or other default by the Servicer or under the Depositor hereunder Sale and Servicing Agreement shall occur and be continuing, the Trustee, in its discretion, Indenture Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Noteholders under this Agreement Indenture by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Indenture Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Indenture Trustee and the CertificateholdersNoteholders.

Appears in 1 contract

Samples: Indenture (Prudential Securities Secured Financing Corp)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the a Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mid State Capital Corp)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this the Agreement by a suit, action or proceeding in equity or at law or otherwise, otherwise whether for the specific performance of any covenant or agreement contained in this the Agreement or in aid of the execution of any power granted in this the Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-4)

Suits for Enforcement. In case an a Servicer Event of Default Termination or other default by the Servicer or the Depositor Seller hereunder shall occur and be continuing, the Trustee, in its discretion, Trustee may proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, and subject to the foregoing, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.. 133

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc C-Bass 2004-Cb6 Trust)

Suits for Enforcement. In case an Event of Default or other default by the Servicer or the Master Xxxxxxxx xx xxe Depositor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Custodial Agreement (SunTrust Alternative Loan Trust, Series 2005-1f)

Suits for Enforcement. In case If an Event of Default or other default by the Servicer or the Depositor hereunder shall occur and be continuing, the Trustee, in its discretiondiscretion may, may subject to the provisions of Section 20.1, proceed to protect and enforce its rights and the rights of the Holders of Certificates Certificateholders under this Agreement by a suit, action action, or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable equitable, or other remedy, remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and or the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables Corp)

Suits for Enforcement. In case an Event of Default or other default by the Master Servicer or the Depositor Sponsor hereunder shall occur and be continuing, the Trustee, in its discretion, may proceed to protect and enforce its rights and the rights of the Holders of Certificates under this Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Agreement or in aid of the execution of any power granted in this Agreement or for the enforcement of any other legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Trustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp)

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