CONCERNING THE Clause Samples

CONCERNING THE. DELAWARE TRUSTEE THE CO-OWNER TRUSTEE AND THE CO-OWNER ELIGIBLE LENDER TRUSTEE Section 7.1. Acceptance of Delaware Trustee and Co-Owner Trustee; Duties. Each of the Delaware Trustee and the Co-Owner Trustee accepts the trusts hereby created and agrees to perform its respective duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Co-Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Property upon the terms of the Related Documents and this Agreement. Neither the Delaware Trustee nor the Co-Owner Trustee shall be answerable or accountable hereunder or under any Related Document under any circumstances, except that the Delaware Trustee or the Co-Owner Trustee, as applicable, shall be answerable or accountable hereunder (i) for its own willful misconduct or negligence, (ii) in the case of the inaccuracy of any representation or warranty given by it contained in Section 7.3 hereof, (iii) for liabilities arising from its failure to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by it or any branch or affiliate thereof in its commercial capacity and (v) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by it in connection with any of the transactions contemplated by this Agreement or any Related Document. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence): (a) neither the Delaware Trustee nor the Co-Owner Trustee shall be liable for any error of judgment made in good faith by an authorized officer of the Delaware Trustee or the Co-Owner Trustee, respectively; (b) neither the Delaware Trustee nor the Co-Owner Trustee shall be liable with respect to any action taken or omitted to be taken by either in good faith in accordance with the instructions of the Instructing Party; (c) no provision of this Agreement or any Related Document shall require the Delaware Trustee, the Co-Owner Trustee and/or the Co-Owner Eligible Lender Trustee to expend or risk funds or otherwise incur any financial liability in the performance of its rights or powers hereunder or under any Related Document if they shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured or provided to them; (d) under no circumstances s...

CONCERNING THE. [OWNER] TRUSTEE[S]

CONCERNING THE. Funding Account, the Settlement Account and ---------------------------------------------------------- the Operating Account. The Borrower hereby expressly acknowledges that the --------------------- Funding Account, the Settlement Account and the Operating Account are subject in all respects to the right of offset in favor of the Bank granted under Section ------- 11. (a) the Funding Account shall be subject to the sole dominion and control of the Bank who shall disburse amounts from time to time on deposit therein in accordance with the terms of Section 6.11 of this Agreement; ------------ (b) the Settlement Account shall be subject to the sole dominion and control of the Bank who shall disburse amounts from time to time on deposit therein in accordance with the terms of this Agreement; (c) subject to the right of offset in favor of the Bank, the Operating Account shall be subject to the sole dominion and control of the Borrower; (d) nothing other than proceeds of Borrowings shall be deposited in the Funding Account; (e) the Settlement Account shall only be used for (i) proceeds from the sale or other disposition of Collateral and (ii) the payment of the Obligations; (f) proceeds of Advances, other than in respect of Wet Advances, shall be disbursed by the Bank from the Funding Account to the Operating Account for use by the Borrower in accordance with the terms of Section 6.10 of this Agreement; ------------ (g) proceeds of Borrowings in respect of Wet Advances shall either be wired directly from the Funding Account to such title company as the Borrower may identify or be disbursed pursuant to checks drawn on the Funding Account; and (h) proceeds from the redemption of Mortgage Collateral shall be deposited in the Settlement Account.

CONCERNING THE. SECURITYHOLDERS

CONCERNING THE. Delaware Trustee, CO-OWNER TRUSTEE AND CO-OWNER ELIGIBLE LENDER TRUSTEE...............................................................................

CONCERNING THE. WARRANTHOLDERS

CONCERNING THE. DEBENTUREHOLDERS Section 10.1. Evidence of Action by Holders...................................................29 Section 10.2. Proof of Execution by Debentureholders..........................................29 Section 10.3. Who May Be Deemed Owners........................................................30 Section 10.4. Certain Debentures Owned by Company Disregarded.................................30 Section 10.5. Actions Binding on Future Debentureholders......................................30