No Petitions. The Trustee, the Securities Administrator and the Master Servicer (not in its individual corporate capacity, but solely as Master Servicer hereunder), by entering into this Agreement, hereby covenant and agree that they shall not at any time institute against the Depositor, or join in any institution against the Depositor of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to this Agreement or any of the documents entered into by the Depositor in connection with the transactions contemplated by this Agreement.
No Petitions. The Trustee and the Master Servicer, by entering into this Agreement, hereby covenant and agree that they shall not at any time institute against the Depositor, or join in any institution against the Depositor of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to this Agreement or any of the documents entered into by the Depositor in connection with the transactions contemplated by this Agreement.
No Petitions. The Trustee and the Master Servicer (not in its individual corporate capacity, but solely as Master Servicer hereunder), by entering into this Agreement, hereby covenant and agree that they shall not at any time institute against the Depositor, or join in any institution against the Depositor of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to this Agreement or any of the documents entered into by the Depositor in connection with the transactions contemplated by this Agreement, except that the Trustee shall not be prohibited from filing a proof of claim in any such proceeding.
No Petitions. The Trustee, by entering into this Agreement, hereby covenants and agrees that it shall not at any time institute against the Depositor, or join in any institution against the Depositor of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to this Agreement or any of the documents entered into by the Depositor in connection with the transactions contemplated by this Agreement, except that the Trustee shall not be prohibited from filing a proof of claim in any such proceeding.
No Petitions. 93 ATTACHMENTS Exhibit A Forms of Certificates Exhibit B Form of Residual Certificate Transfer Affidavit (Transferee) Exhibit C Form of Residual Certificate Transfer Affidavit (Transferor) Exhibit D Servicing Agreement Exhibit E [Reserved] Exhibit F List of Limited Purpose Surety Bonds Exhibit G Form of Rule 144A Transfer Certificate Exhibit H Form of Purchaser's Letter for Institutional Accredited Investors Exhibit I Form of ERISA Transfer Affidavit Exhibit J Form of Letter of Representations with the Depository Trust Company Exhibit K Form of Initial Certification Exhibit L Form of Final Certification Exhibit M List of Servicing Officers Exhibit N Form of Request for Release Exhibit O Custody Agreement (without Exhibits) Exhibit P Amendment No. 1 to Custodial Agreement (without Exhibits) Exhibit Q Officer's Certificate - Trustee Exhibit R Request for Class X-B Certificate Schedule A Mortgage Loan Schedule Schedule B Mortgage Loan Representations and Warranties of the Seller This TRUST AGREEMENT, dated as of February 1, 2003 (the "Agreement"), by and among MERRILL LYNCH MORTGAGE INVESTORS, INC., a Delaware corporation, as depxxxxxx (xxx "Depositor"), and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee (the "Truxxxx"), and acknowledged by MERRILL LYNCH CREDIT CORPORATION a Delaware corporation, as seller (thx "Xxxxex"), for purposes of Section 2.04.
No Petitions. 109 ATTACHMENTS Exhibit A Forms of Certificates Exhibit B Form of Residual Certificate Transfer Affidavit (Transferee) Exhibit C Form of Residual Certificate Transfer Affidavit (Transferor) Exhibit D Form of Custody Agreements Exhibit E List of Servicing Agreements Exhibit F List of Purchase Agreements Exhibit G List of Limited Purpose Surety Bonds Exhibit H Form of Rule 144A Transfer Certificate Exhibit I Form of Purchaser's Letter for Institutional Accredited Investors Exhibit J Form of ERISA Transfer Affidavit Exhibit K Form of Letter of Representations with the Depository Trust Company Exhibit L [Reserved] Exhibit M Form of Certification to be Provided to the Depositor by the Securities Administrator Schedule A Mortgage Loan Schedule This POOLING AND SERVICING AGREEMENT, dated as of January 1, 2005 (the "Agreement"), by and among SEQUOIA RESIDENTIAL FUNDING, INC., a Delaware corporation, as depositor (the "Depositor"), HSBC Bank USA, National Association, a national banking association, as trustee (the "Trustee"), and XXXXX FARGO BANK, NATIONAL ASSOCIATION, in its dual capacities as master servicer (the "Master Servicer") and securities administrator (the "Securities Administrator") and acknowledged by RWT HOLDINGS, INC., a Delaware corporation, as seller (the "Seller"), for purposes of Section 2.04.
No Petitions. 98 ATTACHMENTS Exhibit A Forms of Certificates Exhibit B Form of Residual Certificate Transfer Affidavit (Transferee) Exhibit C Form of Residual Certificate Transfer Affidavit (Transferor) Exhibit D [Reserved] Exhibit E List of Purchase and Servicing Agreements Exhibit F List of Custodial Agreements Exhibit G List of Limited Purpose Surety Bonds Exhibit H Form of Rule 144A Transfer Certificate Exhibit I Form of Purchaser's Letter for Institutional Accredited Investors Exhibit J Form of ERISA Transfer Affidavit Exhibit K Form of Letter of Representations with the Depository Trust Company Exhibit L Form of Custodian Certification Exhibit M [Reserved] Schedule A Mortgage Loan Schedule This POOLING AND SERVICING AGREEMENT, dated as of February 1, 2004 (the "Agreement"), by and among J.P. MORGAN ACCEPTANCE CORPORATIOX X, x Xxxxware corporation, as depositor (the "Depositor"), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the "Trustee"), and WELLS FARGO BANK, N.A., in its duxx xxpacities as master servicer (the "Master Servicer") and securities administrator (the "Securities Administrator"), and acknowledged by J.P. MORGAN MORTGAGE ACQUISITION XXXX., x Xxlaware corporation, as seller (the "Seller"), for purposes of Section 2.05.
No Petitions. 136 Section 11.16
No Petitions. 99 This POOLING AND SERVICING AGREEMENT, dated as of December 1, 2004 (the "Agreement"), by and among XXXXXXX XXXXX MORTGAGE INVESTORS, INC., a Delaware corporation, as depositor (the "Depositor"), CENDANT MORTGAGE CORPORATION, a New Jersey corporation, as servicer (the "Servicer") and XXXXX FARGO BANK, N.A., as Trustee (the "Trustee"), and acknowledged by XXXXXXX XXXXX CREDIT CORPORATION a Delaware corporation, as seller (the "Seller"), for purposes of Section 2.04.
No Petitions. The Escrow Agent hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all of the Indenture Notes, it will not institute against, or join with, encourage or cooperate with any other Person in instituting against HVF, the QI or Hertz, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. In the event that the Escrow Agent takes action in violation of this Section 6.18, (i) each of the QI and HVF agrees, for the benefit of the HVF Secured Parties, and (ii) Hertz agrees, for the benefit of the parties to the GE Loan Documents, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such a petition by the Escrow Agent against the QI, HVF or Hertz or the commencement of such action and raise the defense that the Escrow Agent has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 6.18 shall survive the termination of this Agreement.
