Common use of Trustee May Enforce Claims Without Possession of Clause in Contracts

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, any such proceeding instituted by the Trustee shall be brought in its own name or in its capacity 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 recovered. The Trustee shall afford the Sellers, the Depositor, the Servicer and each Certificateholder, upon reasonable notice during normal business hours, access to all records maintained by the Trustee in respect of its duties hereunder and reasonable access to officers of the Trustee responsible for performing such duties, or such other employees who can provide the information required. Upon request, the Trustee shall furnish the Sellers, the Depositor, the Servicer and each Certificateholder with its most recent financial statements. The Trustee shall cooperate fully with the Sellers, the Servicer, the Depositor and such Certificateholder and shall make available to the Sellers, the Servicer, the Depositor and such Certificateholder for review and copying at the expense of the party requesting such copies, such books, documents or records as may be requested with respect to the Trustee's duties hereunder. The Sellers, the Depositor, the Servicer and the Certificateholders shall not have any responsibility or liability for any action or failure to act by the Trustee and are not obligated to supervise the performance of the Trustee under this Agreement or otherwise.

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, any and such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, expenses and disbursements 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 recovered. . (b) The Trustee shall afford the SellersSeller, the Depositor, the Servicer Master Servicer, the Certificate Insurer and each Certificateholder, Certificateholder upon reasonable notice during normal business hours, access to all records maintained by the Trustee in respect of its duties hereunder and reasonable access to officers of the Trustee responsible for performing such duties, or such other employees who can provide the information required. Upon request, the Trustee shall furnish the Sellers, the Depositor, the Servicer Master Servicer, the Certificate Insurer and each any requesting Certificateholder with its most recent financial statements. The Trustee shall cooperate fully with the SellersSeller, the Master Servicer, the Depositor Depositor, the Certificate Insurer and such Certificateholder and shall make available to the SellersSeller, the Master Servicer, the Depositor Depositor, the Certificate Insurer and such Certificateholder for review and copying copying, at the expense of the party requesting such copiesparty's sole cost and expense, such books, documents or records as may be requested with respect to the Trustee's duties hereunder. The SellersSeller, the Depositor, the Servicer Master Servicer, the Certificate Insurer and the Certificateholders shall not have any responsibility or liability for any action or failure to act by the Trustee and are not obligated to supervise the performance of the Trustee under this Agreement or otherwise.

Trustee May Enforce Claims Without Possession of. Certificates. ------------- ------------ (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, any and such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as TrusteeTrustee for the benefit of all Holders of such Certificates, subject to the provisions of this Agreement. 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 in respect of which such judgment has been recovered. . (b) The Trustee shall afford the SellersSeller, the Depositor, the Servicer and each Certificateholder, Certificateholder upon reasonable notice during normal business hours, access to all records maintained by the Trustee in respect of its duties hereunder and reasonable access to officers of the Trustee responsible for performing such duties, or such other employees who can provide the information required. Upon request, the Trustee shall furnish the Sellers, the Depositor, the Servicer and each Certificateholder with its most recent financial statements. The Trustee shall cooperate fully with the SellersSeller, the Servicer, the Depositor and such Certificateholder and shall make available to the SellersSeller, the Servicer, the Depositor and such Certificateholder for review and copying at the expense of the party requesting such copies, such books, documents or records as may be requested with respect to the Trustee's duties hereunder. The SellersSeller, the Depositor, the Servicer and the Certificateholders shall not have any responsibility or liability for any action or failure to act by the Trustee and are not obligated to supervise the performance of the Trustee under this Agreement or otherwise.

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, any and such proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. 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 recovered. . (b) The Trustee shall afford the SellersSeller, the DepositorMaster Servicer, the Servicer Certificate Insurer and each Certificateholder, Certificateholder upon reasonable notice during normal business hours, access to all records maintained by the Trustee in respect of its duties hereunder and reasonable access to officers of the Trustee responsible for performing such duties, or such other employees who can provide the information required. Upon request, the Trustee shall furnish the SellersSeller, the DepositorMaster Servicer, the Servicer Certificate Insurer and each any requesting Certificateholder with its most recent financial statements. The Trustee shall cooperate fully with the SellersSeller, the Master Servicer, the Depositor Certificate Insurer and such Certificateholder and shall make available to the SellersSeller, the Master Servicer, the Depositor Certificate Insurer and such Certificateholder for review and copying at the expense of the party requesting such copies, such books, documents or records as may be requested with respect to the Trustee's duties hereunder. The SellersSeller, the DepositorMaster Servicer, the Servicer Certificate Insurer and the Certificateholders shall not have any responsibility or liability for any action or failure to act by the Trustee and are not obligated to supervise the performance of the Trustee under this Agreement or otherwise.