Trustee Direction. By entering into this Waiver Agreement, MBIA (as deemed holder of the Series 2004-1 Notes, the Class A Notes relating to the Series 2005-1 Supplement and the Class A Notes relating to the Series 2005-4 Supplement) hereby directs the Trustee to enter into this Waiver Agreement.
Trustee Direction. The Trustee may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, demand, consent, authorization, waiver, order, act, note or other communication, paper or document (each such item, a “Trustee Direction”) believed by it to be genuine and to have been signed, presented or delivered (whether by telecopy, electronic mail, first-class mail, courier service, or otherwise, notwithstanding any contradictory requirement hereunder) by a party or parties authorized to provide such Trustee direction; provided, however, that the Trustee may require such additional evidence, confirmation or certification from any such party or parties as the Trustee, in its reasonable discretion, deems necessary or advisable before acting or refraining from acting upon any such Trustee Direction. The Trustee agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Pledgor shall, upon request, provide to the Trustee an incumbency certificate listing such designated persons, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Trustee receives e-mail or facsimile instructions (or instructions by a similar electronic method) in accordance with and to the extent permitted under the terms of this Agreement and the Indenture and the Trustee acts upon such instructions in accordance with the terms of this Agreement and the Indenture, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Pledgor agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.
Trustee Direction. By entering into this Waiver Agreement, Ambac (as deemed holder of the Class A Notes relating to the Series 2005-2 Supplement and the Class A Notes relating to the Series 2005-3 Supplement) hereby directs the Trustee to enter into this Waiver Agreement.
Trustee Direction. By agreeing, acknowledging and consenting to this Amendment, MBIA (as deemed holder of the Class A Notes relating to the Series 2005-1 Supplement) hereby directs the Trustee to enter into this Amendment.
Trustee Direction. By agreeing, acknowledging and consenting to this Amendment, Ambac (as deemed holder of the Class A Notes relating to the Series 2005-2 Supplement) hereby directs the Trustee to enter into this Amendment.
Trustee Direction. The Trustee may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, demand, consent, authorization, waiver, order, act, note or other communication, paper or document (each such item, a “Trustee Direction”) believed by it to be genuine and to have been signed, presented or delivered (whether by telecopy, electronic mail, first-class mail, courier service, or otherwise, notwithstanding any contradictory requirement hereunder) by a party or parties authorized to provide such Trustee Direction; provided, however, that the Trustee may require such additional evidence, confirmation or certification from any such party or parties as the Trustee, in its sole discretion, deems necessary or advisable before acting or refraining from acting upon any such Trustee Direction.
Trustee Direction. The Noteholders direct the Trustee to execute and deliver the Intercreditor Agreement and perform its obligations thereunder in accordance with the terms thereof.
Trustee Direction. The Administrative Agent hereby consents and directs the Trustee to execute this Agreement and the Guaranty, each in substantially the form presented to the Trustee. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers thereunto duly authorized, as of the date first above written. THE BORROWER: NEWSTAR SHORT-TERM FUNDING LLC By: NewStar Financial, Inc., its Designated Manager By: /S/ XXXX X. XXXXXXXXX Name: Xxxx X. Xxxxxxxxx Title: Treasurer THE ORIGINATOR AND SERVICER: NEWSTAR FINANCIAL, INC. By: /S/ XXXX X. XXXXXXXXX Name: Xxxx X. Xxxxxxxxx Title: Treasurer THE LENDER: MMP-7 FUNDING, LLC Commitment: $50,000,000 By: /S/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Title: Vice President THE ADMINISTRATIVE AGENT: NATIXIS FINANCIAL PRODUCTS INC By: /S/ XXXXX X. XXXXX Name: Xxxxx X. Xxxxx Title: Managing Director By: /S/ XXXX X. TRUE Name: Xxxx X. True Title: Managing Director, Senior Counsel [Signatures Continued on the Following Page] Amended and Restated Secured Loan and Servicing Agreement THE TRUSTEE: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /S/ XXXX XXXXXXXX Name: Xxxx Xxxxxxxx Title: Vice President
Trustee Direction. By agreeing, acknowledging and consenting to this Amendment Ambac (as deemed holder of the Class A Notes relating to the Series 2005-2 Supplement and the Class A Notes relating to the Series 2005-3 Supplement), MBIA (as deemed holder of the Series 2004-1 Notes, the Class A Notes relating to the Series 2005-1 Supplement and the Class A Notes relating to the Series 2005-4 Supplement) and the Series 2008-1 Noteholders, together constituting the Requisite Investors, hereby direct the Trustee to consent in writing to this Amendment.
Trustee Direction if directed in writing by the Trustee or by a Written Resolution, exercise its right to terminate the Swap Agreement and any other Transaction Agreement or enforce its rights in respect of any agreement forming part thereof.
