Common use of Appointment and Powers Clause in Contracts

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the Noteholders, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bankeach of the Issuer Secured Parties hereby appoints Bank One, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo BankBank One, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral Trust Property for the NoteholdersIssuer Secured Parties, to maintain custody and possession of such Collateral Trust Property (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture Pooling Agreement and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture Pooling Agreement promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, Pooling Agreement or (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture Pooling Agreement provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, each of the Secured Parties hereby appoints ▇▇▇▇▇▇ Fargo Bank, National Association is hereby appointed Trust and Savings Bank as the Trustee with respect to the Indenture Collateral, and ▇▇▇▇▇▇ Fargo Bank, National Association Trust and Savings Bank hereby accepts such appointment and agrees to act as the Trustee on behalf of the Secured Parties with respect to the Indenture Collateral for the NoteholdersSecured Parties, to maintain custody and possession of such Indenture Collateral (except as otherwise provided hereunder) pursuant to the Pooling and Servicing Agreement and the Custodian Agreement and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic DocumentsIndenture. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided provided, however, that the Trustee shall not be required to act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee it has not received reasonable indemnityindemnity satisfactory to the Trustee. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo the Issuer and the Noteholders hereby appoint JPMorgan Chase Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo JPMorgan Chase Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the Noteholders, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party The Noteholders hereby authorizes authorize the Trustee to take such action on its their behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party Noteholders may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party Noteholders delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has requested but not received reasonable indemnity. Receipt of such instructions shall not be a condition indemnity satisfactory to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructionsit.

Appointment and Powers. Subject to the terms and conditions hereof, each of the Secured Parties hereby appoints ▇▇▇▇▇▇ Fargo Bank, National Association is hereby appointed Trust and Savings Bank as the Trustee Collateral Agent with respect to the Collateral, and ▇▇▇▇▇▇ Fargo Bank, National Association Trust and Savings Bank hereby accepts such appointment and agrees to act as Trustee Collateral Agent with respect to the Collateral Collateral, for the NoteholdersSecured Parties, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee Collateral Agent in accordance with the provisions of this Indenture and the other Basic DocumentsAgreement. Each Issuer Secured Party hereby authorizes the Trustee Collateral Agent to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee Collateral Agent by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee Collateral Agent shall act (and shall be completely protected in so acting) upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture Agreement promptly following receipt of such written instructions; provided that the Trustee Collateral Agent shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this IndentureAgreement, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee Collateral Agent has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee Collateral Agent of its express duties hereunder, except where this Indenture Agreement provides that the Trustee Collateral Agent is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bankeach of the Issuer Secured Parties hereby appoints Bank One Trust Company, National Association is hereby appointed N.A. as the Trustee with respect to the Collateral, and Bank One Trust Company, N.A. ▇▇▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the NoteholdersIssuer Secured Parties, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bank, National Association is the Issuer hereby appointed appoints LaSalle as the Trustee with respect to the Collateral, Accountholder and ▇▇▇▇▇ Fargo Bank, National Association LaSalle hereby accepts such appointment and agrees to act as Trustee with respect to Accountholder for and on behalf of the Collateral for the Noteholders, Secured Parties to maintain custody and possession of such the Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee Accountholder in accordance with the provisions of this Indenture Agreement. The Trustee hereby authorizes (and the other Basic Documents. Each Issuer Secured Party hereby authorizes Parties shall be deemed to have authorized) the Trustee Accountholder to take such action on its behalf, behalf and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and hereunder as are specifically authorized to be exercised by the Trustee Accountholder by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee Notwithstanding any provision to the contrary contained in this Agreement, if an Event of Default has occurred and is continuing, the Accountholder shall act upon and in compliance with the written instructions of the Controlling Party Trustee delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act and in accordance with this Agreement with respect to any instructions (i) and all matters upon which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following pursuant to this Agreement or the Trust Deed and any such action taken by the Accountholder in accordance compliance with any such instructionsinstruction shall be binding upon all of the Secured Parties.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bankeach of the Noteholders and the Insurer hereby appoints Bankers Trust Company of California, National Association is hereby appointed N.A. as the Indenture Trustee with respect to the CollateralTrust Estate, and Bankers Trust Company of California, N.A. here▇▇ ▇▇▇▇▇ Fargo Bank, National Association hereby accepts epts such appointment and agrees to act as Indenture Trustee with respect to the Collateral Trust Estate for the NoteholdersNoteholders and the Insurer, to maintain custody and possession of such Collateral Trust Estate (except as otherwise provided hereunder) and to perform the other duties of the Indenture Trustee in accordance with the provisions of this Indenture and the other Basic Operative Documents. Each Issuer Secured Party Noteholder and the Insurer hereby authorizes the Indenture Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Indenture Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Indenture Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Indenture Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, Indenture or (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Indenture Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Indenture Trustee of its express duties hereunder, except where this Indenture provides that the Indenture Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the Noteholders, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) Noteholders and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnityan indemnity reasonably satisfactory to it. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the benefit of the Noteholders, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party Noteholder, by its acceptance of a Note, hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and hereunder as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party Majority Noteholders delivered pursuant to this Indenture promptly following receipt of such written instructions; provided provided, however, that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bankeach of the Issuer Secured Parties hereby appoints Bank One Trust Company, National Association is hereby appointed N.A. as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo BankBank One Trust Company, National Association N.A. hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the NoteholdersIssuer Secured Parties, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, each of the Issuer Secured Parties and the Residual Certificateholders hereby appoints ▇▇▇▇▇ Fargo Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the NoteholdersIssuer Secured Parties, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bank, National Association is each of the Issuer Secured Parties hereby appointed appoints Bankers Trust Company as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo Bank, National Association Bankers Trust Company hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral Trust Property for the NoteholdersIssuer Secured Parties, to maintain custody and possession of such Collateral Trust Property (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture Pooling Agreement and the other Basic Documents. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture Pooling Agreement promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, Pooling Agreement or (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture Pooling Agreement provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, the Noteholder hereby appoints ▇▇▇▇▇ Fargo Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the NoteholdersNoteholder, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured Party The Noteholder hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party Noteholder may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party Noteholder delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇▇▇▇▇ Fargo Bankeach of the Issuer Secured Parties hereby appoints Bank One, National Association is hereby appointed N.A. as the Trustee with respect to the CollateralAsset Pool and as initial Paying Agent, and ▇▇▇▇▇ Fargo BankBank One, National Association N.A. hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral Asset Pool for the NoteholdersIssuer Secured Parties, to maintain custody and possession of such Collateral the assets in the Asset Pool (except as otherwise provided hereunderherein and in the Assignment and Servicing Agreement) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic DocumentsAssignment and Servicing Agreement. Each Issuer Secured Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party Insurer (if no Insurer Default has occurred and is continuing) or the holders of not less than 66 2/3% of the then Outstanding Principal Amount of the Notes (if an Insurer Default has occurred and is continuing) may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to Insurer or the Noteholders given in accordance with the provisions of this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnityindemnity satisfactory to it. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.

Appointment and Powers. Subject to the terms and conditions hereof, ▇the Controlling Party hereby appoints W▇▇▇▇ Fargo Bank, National Association is hereby appointed as the Trustee with respect to the Collateral, and ▇W▇▇▇▇ Fargo Bank, National Association hereby accepts such appointment and agrees to act as Trustee with respect to the Collateral for the NoteholdersNoteholder, to maintain custody and possession of such Collateral (except as otherwise provided hereunder) and to perform the other duties of the Trustee in accordance with the provisions of this Indenture and the other Basic Documents. Each Issuer Secured The Controlling Party hereby authorizes the Trustee to take such action on its behalf, and to exercise such rights, remedies, powers and privileges hereunder, as the Controlling Party may direct and as are specifically authorized to be exercised by the Trustee by the terms hereof, together with such actions, rights, remedies, powers and privileges as are reasonably incidental thereto. The Trustee shall act upon and in compliance with the written instructions of the Controlling Party delivered pursuant to this Indenture promptly following receipt of such written instructions; provided that the Trustee shall not act in accordance with any instructions (i) which are not authorized by, or in violation of the provisions of, this Indenture, (ii) which are in violation of any applicable law, rule or regulation or (iii) for which the Trustee has not received reasonable indemnity. Receipt of such instructions shall not be a condition to the exercise by the Trustee of its express duties hereunder, except where this Indenture provides that the Trustee is permitted to act only following and in accordance with such instructions.