Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate or a Lower Tier Regular Class, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Xxxxxx Mae;
(b) to evidence the succession pursuant to Article VII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities;
(c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity;
(d) to take such action to cure any ambiguity or correct any provision in this Trust Agreement or to supplement any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable, provided that any such supplemental provision shall not adversely affect the interests of the holder of any Certificate that is outstanding immediately prior to the execution of such instrument evidencing such supplemental provision; or
(e) to modify, eliminate or add to the provisions of this Trust Agreement to such extent as shall be necessary to maintain the qualification of either Trust as a REMIC under the Code; provided that (a) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification, and (ii) such amendment shall not have any of the effects described in paragraphs (A) through (C) of the proviso to Section 9.02.
Permissible Without Action by Certificateholders. Xxxxxx Xxx, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental thereto pursuant to clause (b) below) to any Holder of a Certificate, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Xxxxxx Mae herein;
(b) to evidence the succession pursuant to Article V of another successor or successors to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities;
(c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity;
(d) to make provisions for the purpose of curing any ambiguity or correcting any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable; or
(e) to make provisions for supplementing any provision in this Trust Agreement, provided that such supplemental provisions do not adversely affect the interest of any Certificateholders.
Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Xxxxxx Mae or to cure any ambiguity or correct any error;
(b) to evidence the succession pursuant to Article VII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities;
(c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity; or
(d) to take such action to supplement any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable, provided such action shall not adversely affect the interests of any Holder of any Class which is outstanding immediately prior to the execution of such instrument supplemental hereto.
Permissible Without Action by Certificateholders. Xxxxxx Xxx, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental thereto pursuant to clause (b) below) to any Holder of a Certificate, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Xxxxxx Mae herein;
(b) to evidence the succession pursuant to Article V of another successor or successors to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities;
Permissible Without Action by Certificateholders. 29 Section 9.02. Waivers and Supplemental Agreements with Consent of Holders 29 Section 10.01. Holders 31 Section 10.02. Governing Law 31 Section 10.03. Demands, Notices, Communications 30 Section 10.04. Severability of Provisions 31 EXHIBITS A SCHEDULE OF MORTGAGE LOANS B-1 FORM OF R CLASS REMIC CERTIFICATE B-2 FORM OF RL CLASS REMIC CERTIFICATE C FORM OF [R] [RL] CLASS TAX MATTERS TRANSFER AFFIDAVIT D 2007-W4 LOWER TIER REMIC STRUCTURE E PROSPECTUS DATED April , 2007 THIS TRUST AGREEMENT made, executed and published as of the first day of April, 2007, at Washington, D.C. by Xxxxxx Mae, a body corporate organized and existing under the laws of the United States, in its corporate capacity and in its capacity as trustee:
Permissible Without Action by Certificateholders. Xxxxxx Xxx and the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental hereto pursuant to clause (b) below) to any Holder of a Certificate, a Middle Tier Regular Interest or a Lower Tier Regular Interest, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Xxxxxx Mae;
(b) to evidence the succession pursuant to Article VII of another Person or Persons to Xxxxxx Xxx and the assumption by such successor or successors of the obligations of Xxxxxx Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities;
(c) to eliminate any right reserved to or conferred upon Xxxxxx Xxx in its corporate capacity;
(d) to take such action to cure any ambiguity or correct any provision in this Trust Agreement or to supplement any provision in this Trust Agreement as Xxxxxx Mae may deem necessary or desirable, provided that any such supplemental provision shall not materially or adversely affect the interests of the holder of any Certificate that is outstanding immediately prior to the execution of such instrument evidencing such supplemental provision; or
(e) to modify, eliminate or add to the provisions of this Trust Agreement to such extent as shall be necessary to maintain the qualification of each of the Lower Tier Trust Fund, Middle Tier Trust Fund and Upper Tier Trust Fund as a REMIC under the Code, and the Grantor Trust as a grantor trust under the Code, provided that there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification; 9.01 shall not have any of the effects described in clause (A), (B) or (C) of Section 9.02.
Permissible Without Action by Certificateholders. Farmer Mac, FMXXX xxd the Trustee, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental thereto pursuant to clause (b) below) to any Holder of a Certificate, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Farmer Mac, xxxxxxr applicable to one or more Trust Funds;
(b) to evidence the succession pursuant to Article VII of another Person or Persons to Farmer Mac and xxx assumption by such successor or successors of the obligations of Farmer Mac herxxxxxx;
(c) to eliminate any right reserved to or conferred upon Farmer Mac;
(d) to take such action to cure any ambiguity or correct or supplement any provision in this Trust Agreement or in any Issue Supplement as Farmer Mac may xxxx necessary or desirable; or
(e) to modify, eliminate or add to the provisions of this Trust Agreement and any related Issue Supplement to such extent as shall be necessary to maintain the qualification of the Trust Fund as a REMIC under the Code; provided that (i) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such action is necessary or advisable to maintain such qualification, and (ii) such amendment shall not have any of the effects described in paragraphs (a) through (c) of the proviso to Section 10.02.
Permissible Without Action by Certificateholders. 20 Section 9.02. Waivers and Supplemental Agreements with Consent of Holders. 20
Permissible Without Action by Certificateholders. Fannie Mae, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental thereto pursuant to clause (b) below) to any Holder of a Certificate, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
(a) to add to the covenants of Fannie Mae herein;
(b) to evidence the succession pursuant to Article V of another successor or successors to Fannie Mae and the assumption by such successor or successors of the obligations of Fannie Mae hereunder in its corporate capacity or in its capacity as Trustee or in both such capacities;
(c) to eliminate any right reserved to or conferred upon Fannie Mae in its corporate capacity;
(d) to make provisions for the purpose of curing any ambiguity or correcting any provision in this Trust Agreement as Fannie Mae may deem necessary or desirable; or
(e) to make provisions for supplementing any provision in this Trust Agreement, provided that such supplemental provisions do not materially or adversely affect the interest of any Certificateholders;
7.01 shall not have any of the effects described in clause (a) or (b) of Section 7.02.
Permissible Without Action by Certificateholders. Xxxxxx Xxx, from time to time and at any time, may, without the consent of or notice (other than in the case of any instrument supplemental thereto pursuant to clause (b) below) to any Holder of a Certificate, enter into an agreement or other instrument supplemental hereto and which thereafter shall form a part hereof, for any one or more of the following purposes:
