The Transferor Interest Sample Clauses

The Transferor Interest. The Transferor Interest (as defined below) shall initially be uncertificated and shall represent the entire beneficial ownership interest in the assets of the Trust Estate, subject to the debt represented by the Notes (the “Transferor Interest”). The Transferor Interest may be certificated and represented by the Certificate as provided in Section 3.5. The Transferor Interest may be assigned by the Transferor as provided in Section 3.13. Upon the completion of a transfer in accordance with the terms and conditions of this Article III, a transferee of the Transferor Interest shall become the Transferor, and shall be entitled to the rights and subject to the obligations of the Transferor hereunder, upon such transferee’s acceptance of the Transferor Interest and upon such transfer being duly registered in such transferee’s name pursuant to Section 3.4.
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The Transferor Interest. Except as otherwise permitted herein and in the Trust Agreement, including in Sections 2.9 and 4.2 of this Agreement and in Section 3.4 of the Trust Agreement, Transferor agrees not to transfer, assign, exchange, participate or otherwise convey or pledge, hypothecate, rehypothecate or otherwise grant a security interest in the Transferor Interest (or any interest therein) or any Supplemental Interest (or any interest therein) and any such attempted transfer, assignment, exchange,, participation, conveyance, pledge, hypothecation, rehypothecation or grant shall be void.
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The Transferor Interest. The Transferor Interest shall be issued as a single certificate, substantially in the form of Exhibit C hereto, upon the order of the Depositor to the Owner Trustee concurrently with the sale and assignment to the Trust of the Mortgage Loans. The Transferor Interest shall represent the Transferor Interest that is the entire beneficial Transferor Interest in the assets of the Trust subject to the debt represented by the Notes (the "Transferor Interest"). The initial Transferor Interest and each Transferor Interest issued in exchange or upon transfer therefor shall be manually executed by an Authorized Officer of the Owner Trustee. The Transferor Interest shall represent the entire beneficial Transferor Interest in the assets of the Trust Estate, subject to the debt represented by the Notes (the "Transferor Interest"). A transferee of the Transferor Interest shall become the Transferor, and shall be entitled to the rights and be subject to the obligations of the Transferor hereunder, upon such transferee's acceptance of the Transferor Interest duly registered in such transferee's name pursuant to Section 4.4 below.
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The Transferor Interest. The Transferor Interest shall be ----------------------- substantially in the form set forth in Exhibit A-2 hereto. The Transferor Interest shall be issued as, and shall at all times remain, a single certificate representing the entire Transferor Interest. The Transferor Interest shall be executed on behalf of the Trust by manual or facsimile signature of an authorized officer of the Owner Trustee or the Certificate Registrar. The Transferor Interest bearing the manual or facsimile signatures of individuals who were, at the time when such signatures shall have been affixed, authorized to sign on behalf of the Trust, shall be validly issued and entitled to the benefit of the Trust Agreement, notwithstanding that such individuals or any of them shall have ceased to be so authorized prior to the authentication and delivery of such Transferor Interest or did not hold such offices at the date of authentication and delivery of such Transferor Interest. A transferee of a Transferor Interest shall become a holder of the Transferor Interest and shall be entitled to the rights and subject to the obligations of a holder of the Transferor Interest hereunder upon such transferee's acceptance of a Transferor Interest duly registered in such transferee's name pursuant to Section 3.04.
Sample 1
The Transferor Interest. The Transferor Interest shall be issued as a single certificate, substantially in the form of Exhibit C hereto, upon the order of the Depositor to the Owner Trustee concurrently with the sale and assignment to the Trust of the Home Equity Loans. The Transferor Interest shall represent the entire beneficial ownership interest in the assets of the Trust and the Trust Estate, subject to the debt represented by the Notes (the "Transferor Interest"). The initial Transferor Interest and each Transferor Interest issued in exchange or upon transfer therefor shall be manually executed by an Authorized Officer of the Owner Trustee. A transferee of the Transferor Interest shall become the Transferor, and shall be entitled to the rights and be subject to the obligations of the Transferor hereunder, upon such transferee's acceptance of the Transferor Interest duly registered in such transferee's name pursuant to Section 4.4 below.
Sample 1
The Transferor Interest. The Transferor Interest (as defined below) shall represent the entire beneficial ownership interest in the assets of the Trust Estate not represented by the Class B Certificates and Class O Certificates, subject to the debt represented by the Class A Notes (the “Transferor Interest”). Upon the completion of a transfer in accordance with the terms and conditions of this Article III, a transferee of the Transferor Interest shall become the Transferor, and shall be entitled to the rights and subject to the obligations of the Transferor hereunder, upon such transferee’s acceptance of the Transferor Interest and upon such transfer being duly registered in such transferee’s name pursuant to Section 3.4.
Sample 1

Related to The Transferor Interest

  • Allocations Between Transferor and Transferee If a Partner transfers any part or all of its Partnership Interest, the distributive shares of the various items of Profit and Loss allocable among the Partners during such fiscal year of the Partnership shall be allocated between the transferor and the transferee Partner either (i) as if the Partnership’s fiscal year had ended on the date of the transfer, or (ii) based on the number of days of such fiscal year that each was a Partner without regard to the results of Partnership activities in the respective portions of such fiscal year in which the transferor and the transferee were Partners. The General Partner, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Partner.

  • Depositor as Certificateholder The Depositor in its individual or any other capacity may become the owner or pledgee of Certificates and may otherwise deal with the Owner Trustee or its Affiliates as if it were not the Depositor.

  • Transferor By: ------------------------------------ Name: Title: EXHIBIT M FORM OF CERTIFICATION WITH RESPECT TO ERISA AND THE CODE _____________, 20__ Saxon Mortgage Services, Inc. Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxxx Xxxxx North 0000 Xxx Xxxxxxxxx Xxxx Xxxx Xxxxx, Xxxxx 00000-0000 Xxxxxxxx, Xxxxxxxx 00000 Financial Asset Securities Corp. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: First Franklin Mortgage Loan Trust 2004-FF2, Asset-Backed Certificates Series 2004-FF2 ----------------------------------------- Dear Sirs: _____________ (the "Transferee") intends to acquire from the _______________________ ( "Transferor") $_________ Initial Certificate Principal Balance First Franklin Mortgage Loan Trust 2004- FF2, Asset-Backed Certificates Series 2004-FF2, Class [C][P][R][Dividend Account Certificate] (the "Certificates"), issued pursuant to a Pooling and Servicing Agreement (the "Pooling and Servicing Agreement") dated as of April 1, 2004 among Financial Asset Securities Corp. as depositor (the "Depositor"), Saxon Mortgage Services, Inc. as Servicer (the "Servicer") and Xxxxx Fargo Bank, N.A. as trustee (the "Trustee"). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Pooling and Servicing Agreement. The Transferee hereby certifies, represents and warrants to, and covenants with the Depositor, the Trustee and the Servicer the following: The Certificates (i) are not being acquired by, and will not be transferred to, any employee benefit plan within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or other retirement arrangement, including individual retirement accounts and annuities, Xxxxx plans and bank collective investment funds and insurance company general or separate accounts in which such plans, accounts or arrangements are invested, that is subject to Section 406 of ERISA or Section 4975 of the Internal Revenue Code of 1986 (the "Code") (any of the foregoing, a "Plan"), (ii) are not being acquired with "plan assets" of a Plan within the meaning of the Department of Labor ("DOL") regulation, 29 C.F.R.ss.2510.3-101, and (iii) will not be transferred to any entity that is deemed to be investing in plan assets within the meaning of the DOL regulation at 29 X.X.X.xx. 2510.3-101. Very truly yours, [Transferee] By:_____________________________ Name: Title: EXHIBIT N-1 FORM CERTIFICATION TO BE PROVIDED BY THE DEPOSITOR WITH FORM 10-K I, [_____], certify that:

  • Payments from Owner Trust Estate All payments to be made by the Owner Trustee under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party shall be made only from the income and proceeds of the Owner Trust Estate and only to the extent that the Owner Trustee shall have received income or proceeds from the Owner Trust Estate to make such payments in accordance with the terms hereof. Wilmington Trust Company or any successor thereto, in its individual capacity, shall not be liable for any amounts payable under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party.

  • Restrictions on the Certificateholders’ Power The Certificateholders shall not direct the Owner Trustee to take or refrain from taking any action if such action or inaction would be contrary to any obligations of the Trust or of the Owner Trustee under any of the Basic Documents or would be contrary to Section 2.03 nor shall the Owner Trustee be obligated to follow any such direction, if given.

  • Percentage Interest Ownership of the Company shall be divided into, represented by, and each Member’s Percentage Interest shall be expressed in Units of the Company. The name, address, Units and Percentage Interest of each Member are set forth on Exhibit “A” attached hereto, which may be amended from time to time as necessary to reflect changes in the Percentage Interests and Units held by the Members.

  • Holder or Certificateholder The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer, the Cap Provider, the Credit Risk Manager, or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer, the applicable Servicer, the Cap Provider or the Credit Risk Manager in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer, any Servicer, the Cap Provider or the Credit Risk Manager.

  • Initial Capital Contribution of Owner Trust Estate The Transferor hereby sells, assigns, transfers, conveys and sets over to the Owner Trustee, as of the date hereof, the sum of $1.00. The Owner Trustee hereby acknowledges receipt in trust from the Transferor, as of the date hereof, of the foregoing contribution, which shall constitute the initial Owner Trust Estate and shall be deposited in the Certificate Distribution Account. The Transferor shall pay organizational expenses of the Issuer as they may arise or shall, upon the request of the Owner Trustee, promptly reimburse the Owner Trustee for any such expenses paid by the Owner Trustee.

  • Restrictions on Certificateholders’ Power The Certificateholders shall not direct the Owner Trustee to take or to refrain from taking any action if such action or inaction would be contrary to any obligation of the Trust or the Owner Trustee under this Trust Agreement or any of the Basic Documents or would be contrary to Section 2.03, nor shall the Owner Trustee be obligated to follow any such direction, if given.

  • Class PO Certificates Private Certificates..................................... Class P, Class B-4, Class B-5 and Class B-6 Certificates. Rating Agencies.......................................... Fitch and S&P. Regular Certificates..................................... All Classes of Certificates other than the Class A-R Certificates. Residual Certificate..................................... Class A-R Certificates.

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