Prior Trust definition
Examples of Prior Trust in a sentence
Subject to such amendment and restatement, the Prior Trust Deed shall continue in full force and effect.
The Prior Trust Deed shall be amended and restated on the terms of this Trust Deed, such amendment and restatement to take effect from the date of this Trust Deed.
For so long as the Trust holds Trust Balances of one or more Common Mortgage Loans, the Servicer shall resign from its obligations and duties hereunder promptly upon any resignation from its obligations and duties as servicer under the Prior Trust Pooling and Servicing Agreements applicable to such Common Mortgage Loans.
Nothing in this Section 2.1(f) shall be deemed to affect the right or obligation of the Prior Trust Trustee, the Trustee or the Custodial Agent to release or to cause the release of the Mortgage File of any "Mortgage Loan" (as defined in this Agreement and each Prior Trust Pooling and Servicing Agreement) to the servicer of any Prior Trust or the Servicer to the extent permitted or required by the applicable Prior Trust Pooling and Servicing Agreements or hereunder.
For so long as the Trust holds Trust Balances of one or more Common Mortgage Loans, the determination set forth in clause (ii) shall provide the basis for the Servicer's resignation only if the Servicer simultaneously resigns from its obligations and duties as servicer under the Prior Trust Pooling and Servicing Agreements applicable to such Common Mortgage Loans.
When the Trust Certificate is duly executed and issued by the Trust and duly authenticated by the Owner Trustee in accordance with this Agreement and exchanged for the Prior Trust Certificate, the Trust Certificate shall be fully paid, validly issued non-assessable and entitled to the benefits of this Agreement.
Accordingly, the Servicer shall delegate its duties pursuant to Section 7.4(a) to the extent that, but only to those Persons to which, it has delegated its duties as servicer under the applicable Prior Trust Pooling and Servicing Agreements, and otherwise the Servicer shall not be authorized to delegate any of its duties hereunder.
The Beneficiary hereby ratifies and confirms the appointment of BNY Mellon Trust of Delaware as Trustee of the Trust effective as of the date of the Prior Trust Agreement, to have all the rights, powers and duties set forth herein and the Delaware Statutory Trust Act.
Pursuant to its offering memorandum dated June 1, 2016 and amended and restated January 24, 2017 and March 8, 2017, the Prior Trust raised a total of $16,717,305 by issuing an aggregate of 155,841 participating preferred trust units.
The Grantor, the Beneficiary Trustees and the Issuer Trustee are parties to that certain Amended and Restated Trust Agreement dated as of February 19, 1999 (the "Prior Trust Agreement") and now desire to amend and restate the Prior Trust Agreement as set forth below.