Purpose and Powers of the Trust. (a) The purpose of the common law trust, as created hereunder, is to engage in the following activities: (b) acquire and hold the Loans and the other assets of the Trust Fund and the proceeds therefrom; (c) to issue the Certificates sold to the Depositor in exchange for the Loans; (d) to make payments on the Certificates and payments to the Certificate Insurer in respect of the premium and reimbursement amounts; (e) to engage in those activities that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and (f) subject to compliance with this Agreement, to engage in such other activities as may be required in connection with conservation of the Trust Fund and the making of distributions to the Certificateholders. The trust is hereby authorized to engage in the foregoing activities. The Trustee shall not cause the trust to engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement while any Certificate is outstanding, and this Section 2.8 may not be amended without the consent of the Certificateholders evidencing 51% or more of the aggregate Voting Rights of the Certificates.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities, Inc. Mortgage Loan Trust, Series 2006-Ab2), Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)
Purpose and Powers of the Trust. (a) The purpose of the common law trust, as created hereunder, is to engage in the following activities:
(bi) acquire and hold the Mortgage Loans and the other assets of the Trust Fund and the proceeds therefrom;
(cii) to issue the Certificates sold to or at the direction of the Depositor in exchange for the Mortgage Loans;
(diii) to make payments on the Certificates and payments to the Certificate Insurer in respect of the premium and reimbursement amountsCertificates;
(eiv) to engage in those activities that are reasonably necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fv) subject to compliance with this Agreement, to engage in such other activities as may be required in connection with conservation of the Trust Fund and the making of distributions to the Certificateholders. The trust is hereby authorized to engage in the foregoing activities. The Trustee shall not cause the trust to engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement while any Certificate is outstanding, and this Section 2.8 2.06 may not be amended amended, without the consent of the Certificateholders evidencing 51% or more of the aggregate Voting Rights of the Certificates.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (PHH Mortgage Capital LLC)
Purpose and Powers of the Trust. (a) The purpose of the common law trust, as created hereunder, is to engage in the following activities:
(ba) acquire and hold the Loans and the other assets of the Trust Fund and the proceeds therefrom;
(cb) to issue the Certificates sold to the Depositor in exchange for the Loans;
(dc) to make payments on the Certificates and payments to the Certificate Insurer in respect of the premium and reimbursement amounts;
(ed) to engage in those activities that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fe) subject to compliance with this Agreement, to engage in such other activities as may be required in connection with conservation of the Trust Fund and the making of distributions to the Certificateholders. The trust is hereby authorized to engage in the foregoing activities. The Trustee shall not cause the trust to engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement while any Certificate is outstanding, and this Section 2.8 2.08 may not be amended without the consent of the Certificateholders evidencing 51% or more of the aggregate Voting Rights of the Certificates.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab4)
Purpose and Powers of the Trust. (a) The purpose of the common law trust, as created hereunder, is to engage in the following activities:
(ba) acquire and hold the Mortgage Loans and the other assets of the Trust Fund and the proceeds therefrom;
(cb) to issue the Certificates sold to the Depositor in exchange for the Mortgage Loans;
(dc) to make payments on the Certificates and payments to the Certificate Insurer in respect of the premium and reimbursement amountsCertificates;
(ed) to engage in those activities that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewiththerewith to the extent not inconsistent with the other provisions of this Agreement; and
(fe) subject to compliance with this Agreement, to engage in such other activities as may be required in connection with conservation of the Trust Fund and the making of distributions to the Certificateholders. The trust is hereby authorized to engage in the foregoing activities. It is understood that it is the intent of the parties to this Agreement to limit the Trust in such a way as to be in compliance with Qualifying Special Purpose Entity treatment under Statement of Financial Accounting Standard No. 140 within U.S. generally accepted accounting principles. The Trustee shall not cause the trust to engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement (or those ancillary thereto) while any Certificate is outstanding, and this Section 2.8 2.10 may not be amended amended, without the consent of the Certificateholders evidencing 51% or more of the aggregate Voting Rights voting rights of the Certificates.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)
Purpose and Powers of the Trust. (a) The purpose of the common law trust, as created hereunder, is to engage in the following activities:
(ba) acquire and hold the Loans and the other assets of the Trust Fund and the proceeds therefrom;
(cb) to issue the Certificates sold to the Depositor in exchange for the Loans;
(dc) to make payments on the Certificates and payments to the Certificate Insurer in respect of the premium and reimbursement amounts;
(ed) to engage in those activities that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; and
(fe) subject to compliance with this Agreement, to engage in such other activities as may be required in connection with conservation of the Trust Fund and the making of distributions to the Certificateholders. The trust is hereby authorized to engage in the foregoing activities. The Trustee shall not cause the trust to engage in any activity other than in connection with the foregoing or other than as required or authorized by the terms of this Agreement while any Certificate is outstanding, and this Section 2.8 2.08 may not be amended without the consent of the Certificateholders evidencing 51% or more of the aggregate Voting Rights of the Certificates.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab3)