Common use of Trustee's Fees and Expenses; Indemnity Clause in Contracts

Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Fee in accordance with the provision of Section 6.04(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection with this Agreement, including, without limitation, all of the Trustee's fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Trustee Fee in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection with this Agreement, including, without limitation, all of the Trustee's fees Fees and expenses in connection 126 with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Securitization Corp), Pooling and Servicing Agreement (Residential Asset Funding Corp)

Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Trustee Fee in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection with this Agreement, including, without limitation, all of the Trustee's fees Fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the 138 Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Fee in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection with this Agreement, including, without limitation, all of the Trustee's fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Trustee Fee in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection 126 with this Agreement, including, without limitation, all of the Trustee's fees Fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Trustee Fee in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection with this Agreement, including, without limitation, all of the Trustee's fees Fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Fee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection only with the negotiation and initial execution of this Agreement, including, without limitation, all of the Trustee's fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Trustee's Fees and Expenses; Indemnity. (a) The Trustee acknowledges that in consideration of the performance of its duties hereunder it is entitled to receive the Trustee's Fee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) in accordance with the provision of Section 6.04(a6.5(a). Additionally, the Trustee hereby covenants, for the benefit of the Depositor, that the Trustee has arranged separately with the Servicer for the payment to the Trustee of all of the Trustee's expenses in connection only with the negotiation and initial execution of this Agreement, including, without limitation, all of the Trustee's fees and expenses in connection with any actions taken by the Trustee pursuant to Section 9.12 hereof. For the avoidance of doubt, the parties hereto acknowledge that it is the intent of the parties that the Depositor and the Certificate Insurer shall not pay any of the Trustee's fees and expenses in connection with this transaction. The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and the Trustee shall have no lien on the a Trust Fund for the payment of its fees and expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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