Trustee May Enforce Claims Without Possession of. Certificates. All rights of action and claims under this Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been obtained.
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Samples: Pooling and Servicing Agreement (First Usa Inc), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (Ford Credit Auto Receivables LLC)
Trustee May Enforce Claims Without Possession of. Certificates. All rights of action and claims under this Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as trusteeTrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders in respect of which such judgment has been obtainedrecovered.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Norwest Asset Acceptance Corp), Pooling and Servicing Agreement (Cwabs Inc)
Trustee May Enforce Claims Without Possession of. Certificates. All rights of action and claims under this Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any . Any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as trusteeTrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been obtainedrecovered.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Man Ho Co Se Su Pa Th Ce Se 1998a), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pass THR Cert Ser 2000-D), Custodial Agreement (Vanderbilt Mort & Fin Inc Pass Throu Cert Ser 1998b)
Trustee May Enforce Claims Without Possession of. Investor Certificates. All rights of action and claims under this any Pooling and --------------------- Servicing Agreement or the ------------ Investor Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Investor Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders Holders in respect of which such judgment has been obtained.
Appears in 2 contracts
Samples: Pooling Agreement (Huntsman Ici Holdings LLC), Pooling Agreement (Huntsman Ici Chemicals LLC)
Trustee May Enforce Claims Without Possession of. Certificates. All rights of action and claims under this Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as trusteeTrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensationcompen- sation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders in respect of which such judgment has been obtainedrecovered.
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Trustee May Enforce Claims Without Possession of. Certificates; Inspection. (a) All rights of action and claims under this ------------------------ Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as trusteeTrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders and the Certificate Insurer in respect of which such judgment has been obtainedrecovered.
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Trustee May Enforce Claims Without Possession of. Certificates. All rights of action and claims under this Agreement or the ------------ Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been obtainedobtained .
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