Common use of Termination by the Custodian Clause in Contracts

Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank and the MRFC. In the event of such termination and with the prior written consent of MRFC, Norwest Bank shall appoint a successor Custodian. MRFC shall cause the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement to pay such successor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank shall, within 30 days following the giving of such notice, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the assets of Norwest Bank held by it, the Custodian, at its election, may seek court action with respect to the appointment of a successor custodian.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Tr Ser 1999-Tbc3), Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Cer Ser 1999-Tbc2)

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Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank Wells Fargo and the MRFC. In the event of such termination and with xxxx the prior written consent of MRFCWells Fargo, Norwest Bank MRFC shall appoint a successor Custodian. MRFC shall cause shaxx xxuse the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement Agreement, except to the extent Wells Fargo is such successor in which case MRFC agrees, to pay such xxxx successor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank Wells Fargo shall, within 30 days following the giving of such noticexxxxxe, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank Wells Fargo proper instructions in writing specifying the names of the xx xhe persons to whom the Custodian shall deliver the assets of Norwest Bank Wells Fargo held by it, the Custodian, at its election, may seek court seex xxxrt action with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mor Pas THR Cer Ser 01 Tbc1)

Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' ’ prior written notice to Norwest Bank Xxxxx Fargo and the MRFC. In the event of such termination and with the prior written consent of MRFCXxxxx Fargo, Norwest Bank MRFC shall appoint a successor Custodian. MRFC shall cause the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement Agreement, except to the extent Xxxxx Fargo is such successor in which case MRFC agrees, to pay such successor Custodian's ’s fees and expenses. If notice of termination is given by the Custodian, Norwest Bank Xxxxx Fargo shall, within 30 days following the giving of such notice, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank Xxxxx Fargo proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the assets of Norwest Bank Xxxxx Fargo held by it, the Custodian, at its election, may seek court action with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank Bankers Trust and the MRFC. In the event of such termination and with the prior written consent of MRFC, Norwest Bank Bankers Trust shall appoint a successor Custodian. MRFC shall cause the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement to pay such successor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank Bankers Trust shall, within 30 days following the giving of such notice, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank Bankers Trust proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the assets of Norwest Bank Bankers Trust held by it, the Custodian, at its election, may seek court action with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 1999-Tbc1)

Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank and the MRFC. In the event of such termination and with the prior written consent of MRFCNorwest Bank, Norwest Bank MRFC shall appoint a successor Custodian. MRFC shall cause the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement Agreement, except to the extent Norwest is such successor in which case MRFC agrees, to pay such successor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank shall, within 30 days following the giving of such notice, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the assets of Norwest Bank held by it, the Custodian, at its election, may seek court action with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Cor Mor Pas THR Cer Ser 2000-Tbc1)

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Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank and the MRFC. In the event of such termination and with the prior written consent of MRFCNorwest Bank, Norwest Bank MRFC shall appoint a successor Custodian. MRFC shall cause the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement Agreement, except to the extent Norwest is such successor in which case MRFC agrees, to pay such successor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank shall, within 30 days following the giving of such notice, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged O-4 152 Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the assets of Norwest Bank held by it, the Custodian, at its election, may seek court action with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Tr Se 2000 Tbc2)

Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank Wells Fargo and the MRFC. In the event of such termination and with the prior thx xxxor written consent of MRFCWells Fargo, Norwest Bank MRFC shall appoint a successor Custodian. MRFC shall cause the causx xxx Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement Agreement, except to the extent Wells Fargo is such successor in which case MRFC agrees, to pay such successor sxxxxxsor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank Wells Fargo shall, within 30 days following the giving of such notice, deliver xxxxver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank Wells Fargo proper instructions in writing specifying the names of the persons xxxxons to whom the Custodian shall deliver the assets of Norwest Bank Wells Fargo held by it, the Custodian, at its election, may seek court action xxxxon with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)

Termination by the Custodian. The Custodian may terminate its obligations under this Agreement upon at least 45 days' prior written notice to Norwest Bank Wellx Xxxgo and the MRFC. In the event of such termination and with the prior written consent of MRFCWellx Xxxgo, Norwest Bank MRFC shall appoint a successor Custodian. MRFC shall cause the Master Servicer or any successor to Boston Safe as the Master Servicer pursuant to the Pooling Agreement Agreement, except to the extent Wellx Xxxgo is such successor in which case MRFC agrees, to pay such successor Custodian's fees and expenses. If notice of termination is given by the Custodian, Norwest Bank Wellx Xxxgo shall, within 30 days following the giving of such notice, deliver to the Custodian proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the Additional Pledged Collateral held by it. The Custodian will deliver promptly the Additional Pledged Collateral to the persons so specified, after deducting therefrom any amounts which the Custodian is owed for services or reimbursement of expenses hereunder. If within 30 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from Norwest Bank Wellx Xxxgo proper instructions in writing specifying the names of the persons to whom the Custodian shall deliver the assets of Norwest Bank Wellx Xxxgo held by it, the Custodian, at its election, may seek court action with respect to the appointment of a successor custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp Mort Pas THR Ser 2000 TBC 3)

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