Common use of Purpose and Powers Clause in Contracts

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership Certificate; (b) with the proceeds of the sale of the Notes and the Ownership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith; (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 3 contracts

Sources: Trust Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Trust Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2), Trust Agreement (Sasco Mortgage Loan Trust Series 2003-Gel1)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Trust Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateTrust Certificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateNotes, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreements) and any Servicing Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 3 contracts

Sources: Trust Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6), Trust Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Trust Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership Certificate; (b) with the proceeds of the sale of the Notes and the Ownership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the CollateralMortgage Loans and related assets that constitute, in part, the Trust Fund; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate Fund pursuant to the Indenture Trustee and to hold, manage and distribute to the Ownership Certificateholder pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral Trust Fund released from the lien of, and remitted to the Trust Trust, pursuant to, to the IndentureIndenture and the Transfer and Servicing Agreement; (d) to enter into and perform its obligations under the Cap Agreement and the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate Fund and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposesOwnership Certificateholder. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 3 contracts

Sources: Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (First NLC Securitization, Inc.), Owner Trust Agreement (Lares Asset Securitization, Inc.)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreements) to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 2 contracts

Sources: Trust Agreement (Saxon Asset Securities Trust 2005-1), Trust Agreement (Saxon Asset Securities Trust 2005-2)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateResidual Certificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateResidual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and for the benefit of the Insurer and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments payments, as applicable, to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 2 contracts

Sources: Trust Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1), Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He3)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreement) to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 2 contracts

Sources: Trust Agreement (Saxon Asset Securities Trust 2004-3), Trust Agreement (Saxon Asset Securities Trust 2004-2)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the one or more Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under obligations, or exercise its rights under, the Operative Agreements (as defined in the Sale and Servicing Agreement), including the Yield Maintenance Agreement, the Auction Swap Agreement and Servicing Agreements to which it is to be a partyparty or an assignee of the rights thereunder; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 2 contracts

Sources: Trust Agreement (Thornburg Mortgage Securities Trust 2007-1), Trust Agreement (Thornburg Mortgage Securities Trust 2007-2)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateResidual Certificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateResidual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments payments, as applicable, to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 2 contracts

Sources: Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He4), Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership Certificate; (b) with the proceeds of the sale of the Notes and the Ownership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from deliver the Notes and the Certificate to the Depositor in consideration of the transfer to the Trust of the CollateralMortgage Loans and related assets that constitute, in part, the Trust Fund; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate Fund pursuant to the Indenture Trustee and to hold, manage and distribute to the Certificateholder pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral Trust Fund released from the lien of, and remitted to the Trust Trust, pursuant to, to the IndentureIndenture and the Transfer and Servicing Agreement as specifically described herein; (d) to enter into and perform its obligations under the Cap Agreement and the Operative Agreements to which it is to be a party; (e) to maintain the Mortgage Insurance Policy; (f) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (fg) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with the conservation of the Trust Estate Fund and the making of distributions and payments to the Certificateholders Certificateholder and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes, respectively. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 2 contracts

Sources: Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (FBR Securitization Trust 2005-3)

Purpose and Powers. The purpose of the Trust shall have the power and authority is to engage in any of the following activities: (ai) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateAgreement; (bii) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to deposit the Original Aggregate Pre-Funding Amount in the Pre-Funding Account and the Original Capitalized Interest Amount in the Capitalized Interest Account and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of and the transfer Seller, as their interests may appear pursuant to the Trust of the CollateralSale and Servicing Agreement; (ciii) to assign, grant, transfer, pledge, mortgage and convey the Owner Trust Estate pursuant to the terms of the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral Owner Trust Estate released from the lien of, and remitted to the Trust pursuant to, the Indenture; (div) to enter into and perform its obligations under the Operative Agreements Documents to which it is to be a party; (ev) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (fvi) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the assets of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposesOwners of the Notes. The Trust is hereby authorized to engage in the foregoing activities. The Trust activities and shall not 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 the Operative AgreementsDocuments.

Appears in 1 contract

Sources: Owner Trust Agreement (Imc Home Equity Loan Owner Trust 1997-6)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements [(including the Yield Maintenance Agreement)] to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements. [Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of [ ] for purposes of executing the trade of the Yield Maintenance Agreement.]

Appears in 1 contract

Sources: Trust Agreement (Saxon Asset Securities Co)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateResidual Certificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateResidual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and for the benefit of the Insurer and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments payments, as applicable, to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 1 contract

Sources: Trust Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

Purpose and Powers. The purpose of the Trust shall have the power and authority is to engage in any of the following activities: (ai) to issue one or more Classes of Notes acquire from time to time certain contracts and mortgage loans, whether constituting an account, chattel paper, instrument, mortgage, deed of trust or general intangible, arising out of or in connection with the sale of manufactured housing or mobile homes including the rendering of services by the originating dealer in connection therewith, and including the right of payment of finance charges and other obligations of the obligors with respect thereto, and all monies due and to become due thereunder pursuant to the Sale and Servicing Agreement; (ii) to issue the Notes pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement Agreement, to receive the initial capital contribution and subsequent contributions to the Owner Trust Estate, and to sell, transfer and or exchange such the Notes and such Ownership CertificateCertificates pursuant to the Note Purchase Agreement and this Agreement; (biii) to make borrowings under the Notes and to pay or cause to be paid the principal and interest, if any, on the Notes in accordance with the terms of the Notes pursuant to the Indenture; (iv) to receive contributions under the Certificates and return capital to the Certificateholders from time to time; (v) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer Depositor, pursuant to the Trust of the CollateralSale and Servicing Agreement; (cvi) to assign, grant, transfer, pledge, mortgage and convey the Owner Trust Estate pursuant to the terms of the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral Owner Trust Estate released from the lien of, and remitted to the Trust pursuant to, the Indenture; (dvii) to enter into and perform its obligations under the Operative Agreements Documents to which it is to be a party; (eviii) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (fix) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the assets of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposesOwners of the Notes. The Trust is hereby authorized to engage in the foregoing activities. The Trust activities and shall not 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 the other Operative AgreementsDocuments.

Appears in 1 contract

Sources: Trust Agreement (Oakwood Homes Corp)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes Securities to the Depositor in consideration of the transfer to the Trust of the CollateralMortgage Loans and related assets that constitute, in part, the Trust Fund; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate Fund pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral Trust Fund released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate Fund and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 1 contract

Sources: Owner Trust Agreement (FBR Securitization, Inc.)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Cap Agreement) to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 1 contract

Sources: Trust Agreement (Saxon Asset Securities Co)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership Certificate; (b) with the proceeds of the sale of the Notes and the Ownership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements and any Cap Agreement to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 1 contract

Sources: Trust Agreement (HomeBanc Mortgage Trust 2006-2)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Residual Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateResidual Certificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateResidual Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture on behalf of the Noteholders and for the benefit of the Insurers and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments payments, as applicable, to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements.

Appears in 1 contract

Sources: Trust Agreement (Greenpoint Mortgage Funding Trust 2006-He1)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Residual Interest Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateResidual Interest Certificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateResidual Interest Certificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative AgreementsDocuments.

Appears in 1 contract

Sources: Trust Agreement (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Swap Agreement) to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements. Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of September 27, 2006 for purposes of executing the trade of the Swap Agreement.

Appears in 1 contract

Sources: Trust Agreement (Sast 2006-3)

Purpose and Powers. The Trust shall have the power and authority to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership Certificate; (b) with the proceeds of the sale of the Notes and the Ownership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from the Notes to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder pursuant to the terms of the Transfer and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements Documents and [any Swap Agreement] or [Cap Agreement] to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders Certificateholder and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative AgreementsDocuments.

Appears in 1 contract

Sources: Trust Agreement (Aegis Asset Backed Securities Corp)

Purpose and Powers. (a) The purpose of the Trust shall have the power and authority is to engage in any of the following activities: (ai) to accept the transfer of, manage and hold or, pursuant to the Indenture, cause the Servicer to manage, the Home Equity Loans; (ii) to issue one or more Classes of the Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement Agreement, and to sellsell pursuant to the Underwriting Agreement dated __________________, transfer 199__ among the Trust, the Depositor, ______________ and exchange such Notes and such Ownership Certificate___________ (hereinafter the "Underwriting Agreement"), the Notes; (biii) with the proceeds of the sale of the Notes to acquire certain property and the Ownership Certificate, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds assets from the Notes Depositor pursuant to the Depositor in consideration of the transfer to the Trust of the CollateralIndenture; (civ) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the terms of the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of this Agreement and the Transfer and Servicing Agreement Trust Estate any portion of the Collateral assets of the Trust released from the lien of, and remitted to the Trust pursuant to, the Indenture; (dv) to enter into and perform its obligations under the Operative Agreements Documents to which it is to be a partyparty and the Underwriting Agreement; (evi) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (fvii) subject to compliance with the Operative AgreementsDocuments, to engage in such other activities as may be required in connection with conservation of the assets of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposesOwners of the Notes. The Trust is hereby authorized to engage in the foregoing activities. The Trust activities and shall not 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 the Operative AgreementsDocuments.

Appears in 1 contract

Sources: Trust Agreement (Imc Securities Inc)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreement) to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements. Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of August 29, 2005 for purposes of executing the trade of the Yield Maintenance Agreement.

Appears in 1 contract

Sources: Trust Agreement (Saxon Asset Securities Trust 2005-3)

Purpose and Powers. The purpose of the Trust is, and the Trust shall have the power and authority authority, to engage in any of the following activities: (a) to issue one or more Classes of Notes from time to time pursuant to the Indenture and the Ownership Certificate Certificates pursuant to this Agreement and to sell, transfer and exchange such Notes and such Ownership CertificateCertificates; (b) with the proceeds of the sale of the Notes and the Ownership CertificateCertificates, to pay the organizational, start-up and transactional expenses of the Trust and to pay the balance of the Net Proceeds from proceeds of the sale of the Notes and the Certificates to the Depositor in consideration of the transfer to the Trust of the Collateral; (c) to assign, grant, transfer, pledge, mortgage and convey the Trust Estate pursuant to the Indenture and to hold, manage and distribute to the Certificateholder Certificateholders pursuant to the terms of the Transfer Sale and Servicing Agreement any portion of the Collateral released from the lien of, and remitted to the Trust pursuant to, the Indenture; (d) to enter into and perform its obligations under the Operative Agreements (including the Yield Maintenance Agreement) to which it is to be a party; (e) to engage in those activities, including entering into agreements, that are necessary, suitable or convenient to accomplish the foregoing or are incidental thereto or connected therewith;; and (f) subject to compliance with the Operative Agreements, to engage in such other activities as may be required in connection with conservation of the Trust Estate and the making of distributions and payments to the Certificateholders and the Noteholders; and (g) to maintain its qualification as a FASIT for federal income tax purposes. The Trust is hereby authorized to engage in the foregoing activities. The Trust shall not 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 the Operative Agreements. Notwithstanding anything in this Agreement or any Operative Agreement to the contrary, this Agreement shall be effective as of [ ], 2006 for purposes of executing the trade of the Yield Maintenance Agreement.

Appears in 1 contract

Sources: Trust Agreement (Saxon Asset Securities Trust 2006-1)