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 Fee in accordance with the provision of Section 6.5(a) and Section 6.5(b). The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and, prior to the occurrence of an Event of Default, the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses. (b) The Trust Fund, the Trustee and any director, officer, employee or agent of the Trustee shall be indemnified by the Master Servicer and held harmless against any loss, liability, claim, damage or expense arising out of, or imposed upon the Trust or the Trustee, other than any loss, liability or expense incurred by reason of (i) the acts of the Trustee not authorized or required pursuant to this Agreement or taken pursuant to written instructions received from the Master Servicer[, [the Certificate Insurer] or the Majority Holders, or (ii) by reason of the Trustee's reckless disregard of obligations and duties hereunder. The obligation of the Master Servicer under this Section 9.5 arising prior to any resignation or termination of the Master Servicer hereunder shall survive termination of the Master Servicer and payment of the Certificates, and shall extend to any co-trustee appointed pursuant to this Article IX.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC), Pooling and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Pooling and Servicing Agreement (Bcap LLC)

AutoNDA by SimpleDocs

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 Fee in accordance with the provision of Section 6.5(a) and Section 6.5(b). The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and, prior to the occurrence of an Event of Default, the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses. (b) The Trust Fund, the Trustee and any director, officer, employee or agent of the Trustee shall be indemnified by the Master Servicer and held harmless against any loss, liability, claim, damage or expense arising out of, or imposed upon the Trust or the Trustee, other than any loss, liability or expense incurred by reason of (i) the acts of the Trustee not authorized or required pursuant to this Agreement or taken pursuant to written instructions received from the Master Servicer[, [the Certificate Insurer] or the Majority Holders, or (ii) by reason of the Trustee's reckless disregard of obligations and duties hereunder. The obligation of the Master Servicer under this Section 9.5 arising prior to any resignation or termination of the Master Servicer hereunder shall survive termination of the Master Servicer and payment of the Certificates, and shall extend to any co-trustee appointed pursuant to this Article IX.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hsi Asset Securitization 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 Fee in accordance with the provision of Section 6.5(a) and Section 6.5(b). The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and, prior to the occurrence of an Event of Default, the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses. (b) The Trust Fund, the Trustee and any director, officer, employee or agent of the Trustee shall be indemnified by the Master Servicer and held harmless against any loss, liability, claim, damage or expense arising out of, or imposed upon the Trust or the Trustee, other than any loss, liability or expense incurred by reason of (i) the acts of the Trustee not authorized or required pursuant to this Agreement or taken pursuant to written instructions received from the Master Servicer[, [the Certificate Insurer] Insurer or the Majority Holders, or (ii) by reason of the Trustee's reckless disregard of obligations and duties hereunder. The obligation of the Master Servicer under this Section 9.5 arising prior to any resignation or termination of the Master Servicer hereunder shall survive termination of the Master Servicer and payment of the Certificates, and shall extend to any co-trustee appointed pursuant to this Article IX.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

AutoNDA by SimpleDocs

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 Fee in accordance with the provision of Section 6.5(a) and Section 6.5(b). The Trustee shall not be entitled to compensation for any expense, disbursement or advance as may arise from its negligence or bad faith, and, prior to the occurrence of an Event of Default, the Trustee shall have no lien on the Trust Fund for the payment of its fees and expenses. (b) The Trust Fund, the Trustee and any director, officer, employee or agent of the Trustee shall be indemnified by the Master Servicer and held harmless against any loss, liability, claim, damage or expense arising out of, or imposed upon the Trust or the Trustee, other than any loss, liability or expense incurred by reason of (i) the acts of the Trustee not authorized or required pursuant to this Agreement or taken pursuant to written instructions received from the Master Servicer[, [the Certificate Insurer] or the Majority Holders, or (ii) by reason of the Trustee's ’s reckless disregard of obligations and duties hereunder. The obligation of the Master Servicer under this Section 9.5 arising prior to any resignation or termination of the Master Servicer hereunder shall survive termination of the Master Servicer and payment of the Certificates, and shall extend to any co-trustee appointed pursuant to this Article IX.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bcap LLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!