Execution by Trustee Clause Samples
The 'Execution by Trustee' clause defines the process by which a trustee formally signs and enters into a legal agreement on behalf of a trust. Typically, this clause clarifies that the trustee is acting in their official capacity, not personally, and may specify the required form of signature or documentation to confirm their authority. By outlining these requirements, the clause ensures that the trust, rather than the individual trustee, is bound by the contract, thereby protecting the trustee from personal liability and providing certainty to all parties regarding who is legally responsible under the agreement.
Execution by Trustee. In the event the Trustee's signature is required on any document with respect to a Mortgage Loan for any reason, including payment in full, assumption or foreclosure, the Servicer shall deliver to the Trustee a written notice requesting that the Trustee execute such documents and certifying as to the reason such documents are required. Upon receipt of such executed documents, the Servicer shall record, file or deliver such documents as appropriate for the proper servicing of such Mortgage Loan.
Execution by Trustee. The Trustee shall execute all documents as follows:
Execution by Trustee. Any trustee executing this Agreement in such capacity shall be considered as executing this Agreement solely in his capacity as a trustee of the trust of which he is a trustee, and such trustee shall have no personal liability hereunder except to the extent such trustee is otherwise party to this Agreement.
Execution by Trustee. All documents executed by the Trustee in its capacity as Trustee shall be executed as follows: WILMINGTON TRUST COMPANY, not in its individual capacity, but solely as Trustee By: --------------------------------------
Execution by Trustee. 39 Acknowledgment of Execution by Trustee................................................. 40 Affidavit as to Consideration and Good Faith........................................... 41 ---------- * This Table of Contents shall not have any bearing upon the interpretation of any of the terms or provisions of this Indenture.
Execution by Trustee. The Trustee shall execute all documents as follows: "By: Wilmington Trust Company, not in its individual capacity, but solely as Trustee By: ____________________________."
Execution by Trustee. The Trustee shall execute all documents as follows: “By: , not in its individual capacity, but solely as Trustee By: .” [to be provided by Trustee prior to signing]
Execution by Trustee. U.S. Bank is executing this Agreement solely in its capacity as Trustee to the respective Securitizations pursuant to the direction of certain Noteholders and the Ad Hoc Committee. None of U.S. Bank, in its individual capacity, or its officers, directors, shareholders or agents shall be liable for any obligation or liability arising out of this Agreement. It is understood and agreed that Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services. is a separate and distinct legal entity from U.S. Bank and that nothing in this Section 23 shall limit the obligations or liabilities of Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services as Successor Servicer. The Trustee reserves all rights it may have with respect to indemnification by the Noteholders and the Issuers under the terms of the applicable Indentures.
Execution by Trustee. The Trustee shall execute all documents as follows: By: Wilmington Trust Company, not in its individual capacity, but solely as Trustee By: ___________________________________
Execution by Trustee. With respect to the rights and obligations of the Trustee under this Agreement, BANA is executing this Agreement solely in its capacity as the Trustee and not in its individual capacity. In entering into this Settlement Agreement, the Trustee shall have the rights, immunities and other protections granted to it under the Indenture, none of which shall be deemed waived by any provision of this Settlement Agreement. The Trustee shall have no duties or obligations under this Settlement Agreement except for such duties expressly set forth herein. No BANA Released Parties shall be liable for any claim, liability, or obligation arising out of this Settlement Agreement except that BANA alone shall remain responsible (i) to cause the payment of the Settlement Amount to the extent funds are available therefor in the Reserve Account as provided in, and subject to the terms of, Section 1 of this Settlement Agreement and handling any remaining amounts on deposit in the Accounts as provided in, and subject to the terms of, Sections 1(b)-(d) of this Settlement Agreement, and (ii) to comply with those terms expressly applicable to BANA under Sections 2 and 3 of this Settlement Agreement.