Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys. (b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 37 contracts
Sources: Indenture (Harley-Davidson Motorcycle Trust 2020-A), Indenture (Harley-Davidson Motorcycle Trust 2020-A), Indenture (Harley-Davidson Motorcycle Trust 2019-A)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 24 contracts
Sources: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel (which Opinion of Counsel shall state that, in the opinion of such counsel, all such conditions precedent to such release, if any, have been complied with), and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 16 contracts
Sources: Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley-Davidson Motorcycle Trust 2024-B)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07and the fees and expenses of the Securities Administrator, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase of a Mortgage Loan pursuant to Section 3.16 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and (ii) all sums due to the Indenture Trustee and the Securities Administrator pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral Trust that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Indenture.
(c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers’ Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.
Appears in 10 contracts
Sources: Indenture (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2005-2)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Notwithstanding any other provision of this Indenture, the Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 have been paidpaid in full, release any remaining portion of the Collateral that secured the Notes from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) subsection only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (and, if required by the TIA as so stated in the Opinion of Counsel) or Section 11.01, Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting of the TIA, and otherwise in accordance with the applicable requirements of Section 11.01.
Appears in 9 contracts
Sources: Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2017-1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Note Insurer, the Indenture Trustee pursuant to Section 6.07 and the Owner Trustee have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 7 contracts
Sources: Indenture (Imc Home Equity Loan Owner Trust 1998-6), Indenture (First Alliance Mortgage Co /De/), Indenture (Bear Stearns Asset Backed Securities Inc)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 7 contracts
Sources: Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Bond Trustee may, and when required by the provisions of this Bond Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Bond Indenture, or convey the Indenture Bond Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Bond Indenture. No party relying upon an instrument executed by the Indenture Bond Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Bond Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Bond Trustee shall, at such time as there are no Notes Bonds Outstanding and all sums due payable by the Bond Issuer to the Bond Trustee, the Certificate Trustee and the Delaware Trustee under this Bond Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes Bonds from the lien Lien of this Bond Indenture and release to the Bond Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Bond Trustee shall release property from the lien Lien of this Bond Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§Trust Indenture Act Sections 314(c) and 314(d)(1314(d)(I) meeting the applicable requirements of Section 11.01.
Appears in 5 contracts
Sources: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Transfer and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture without representation, warranty or recourse and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 5 contracts
Sources: Indenture (Orix Credit Alliance Receivables Trust 1999-A), Indenture (Orix Credit Alliance Receivables Trust 2000 B), Indenture (Greatamerica Leasing Receivables 2000-1 LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Note Trustee may, and when required by the provisions of this Note Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Note Indenture, or convey the Indenture Note Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Note Indenture. No party relying upon an instrument executed by the Indenture Note Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Note Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Note Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidOutstanding, release any remaining portion of the Collateral that secured the Notes from the lien of this Note Indenture and release to the Note Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Note Trustee shall release property from the lien of this Note Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§Trust Indenture Act Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 4 contracts
Sources: Note Indenture (BEC Funding II, LLC), Note Indenture (CEC Funding, LLC), Note Indenture (CEC Funding, LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments provided to it to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidpaid in full, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.04(a) only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel Counsel, and (if required by the TIA as so stated in the Opinion of Counselor Section 11.01) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting ), and otherwise in accordance with the applicable requirements of Section 11.01.
(c) The Issuer agrees, upon request by the Servicer and representation by the Servicer that it has complied with the procedure in Section 9.01 of the Sale and Servicing Agreement, to render the Issuer Request to the Indenture Trustee in accordance with Sections 4.04 and 11.01, and take such other actions as are required in such Sections.
Appears in 4 contracts
Sources: Indenture (California Republic Auto Receivables Trust 2015-2), Indenture (California Republic Funding LLC), Indenture (California Republic Funding LLC)
Release of Collateral. (a) Subject to Section 2.8, the payment of its fees and expenses pursuant to under Section 6.076.7 and the satisfaction of the conditions set forth in Section 4.1, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding Outstanding, and all sums due the Indenture Trustee pursuant to Section 6.07 6.7 have been paid, paid release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer Issuing Entity or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Such release shall include delivery to the Issuing Entity or its designee of the Exchange Note and release of the lien of this Indenture and transfer of dominion and control over the Accounts to the Issuing Entity or its designee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Issuing Entity Request.
Appears in 4 contracts
Sources: Indenture (World Omni LT), Indenture (World Omni LT), Indenture (World Omni Auto Leasing LLC)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 3 contracts
Sources: Indenture (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2008-Vt1), Indenture (Cit Equipment Collateral 2006-Vt2)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysfunds.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 6.7 have been paid, release any remaining portion of the Collateral that secured the Notes and the Swap Agreement from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Indenture.
(c) The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request requesting such release accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 3 contracts
Sources: Indenture (Cef Equipment Holding LLC), Indenture (GE Equipment Midticket LLC, Series 2006-1), Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c'SS"SS'314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 3 contracts
Sources: Indenture (Ace Securities Corp), Indenture (NCT Funding Co LLC), Indenture (Asset Backed Securities Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid in full and all due to the Insurer under the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.03(b) only upon receipt by it and the Insurer of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 3 contracts
Sources: Indenture (Auto Nations Receivables Corp), Indenture (Auto Nations Receivables Corp), Indenture (Auto Nations Receivables Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, and all sums due to the Swap Counterparty have been paid pursuant to the Interest Rate Swap Agreement, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 3 contracts
Sources: Indenture (Harley-Davidson Motorcycle Trust 2007-3), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley-Davidson Motorcycle Trust 2008-1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, [and all sums due to the [Swap][Cap] Counterparty have been paid pursuant to the Interest Rate [Swap][Cap] Agreement,] release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Harley-Davidson Customer Funding Corp.), Indenture (Harley-Davidson Customer Funding Corp.)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Note Insurer, the Indenture Trustee pursuant to Section 6.07 and the Owner Trustee have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. .
(c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 2 contracts
Sources: Indenture (First Alliance Mortgage Loan Trust 1998-1a), Indenture (First Alliance Mortgage Loan Trust 1998-1f)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article Section 8.7 shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysfunds.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 6.7 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Indenture.
(c) The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request requesting such release accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
(d) The Indenture Trustee shall release property from the Lien of this Indenture in accordance with any repurchases pursuant to Section 6.2 of the Sale Agreement, Section 7.2 of the Purchase and Sale Agreement or Section 2.1 or Section 3.1 of the Removal and Clean-Up Call Agreement upon receipt of an Issuer Request.
Appears in 2 contracts
Sources: Indenture (GE Equipment Transportation LLC, Series 2014-1), Indenture (GE Equipment Transportation LLC, Series 2014-1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Eaglemark Inc), Indenture (Harley Davidson Customer Funding Corp)
Release of Collateral. (a) Subject to the payment of --------------------- its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to (i) the Indenture Trustee Certificateholders pursuant to Section 6.07 5.05(c) of the Sale and Servicing Agreement and (ii) the Servicer pursuant to Section 8.02(a)(i) hereof have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to (i) the Indenture Trustee Certificateholders pursuant to Section 6.07 5.05(c) of the Sale and Servicing Agreement and (ii) the Servicer pursuant to Section 8.02(a)(i) hereof have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) Subsection only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, [and all sums due to the Swap Counterparty have been paid pursuant to the Interest Rate Swap Agreement,] release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Harley-Davidson Customer Funding Corp.), Indenture (Harley Davidson Customer Funding Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Heller Funding Corp), Indenture (Newcourt Receivables Corp Ii)
Release of Collateral. (a) Subject to the payment of its reasonable fees and expenses pursuant to Section 6.076.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments acceptable to it and prepared and delivered to it by the Issuer to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, without recourse, representation or warranty in a manner as provided in the Sale and Servicing Agreement and under circumstances that are not inconsistent with the provisions of this IndentureIndenture and the other Basic Documents. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Noteholders (and their Affiliates), the Initial Noteholder, the Sale Agents, the Indenture Trustee, the Owner Trustee pursuant to Section 6.07 and the Collateral Custodian under the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 2 contracts
Sources: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Harley-Davidson Motorcycle Trust 2016-A), Indenture (Harley-Davidson Motorcycle Trust 2016-A)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Note Insurer, the Indenture Trustee pursuant to Section 6.07 and the Owner Trustee in respect of the Notes have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 2 contracts
Sources: Indenture (Imc Home Equity Loan Owner Trust 1998-7), Indenture (Imc Home Equity Loan Owner Trust 1998-7)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidBonds Outstanding, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (PG&E Energy Recovery Funding LLC), Indenture (PG&E Energy Recovery Funding LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Note Insurer, the Indenture Trustee pursuant to Section 6.07 and the Owner Trustee in respect of the Notes have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. .
(c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) above only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 2 contracts
Sources: Indenture (First Alliance Mortgage Loan Trust 1998-2), Indenture (First Alliance Mortgage Loan Trust 1998-2)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee Except as otherwise provided below in this Article shall be bound to ascertain IV, the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Trust Indenture Act Sections 314(c) and 314(d)(1314(d)(l), or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the Trust Indenture Act does not require any such Independent Certificates.
(b) meeting Subject to the applicable requirements satisfaction of the provisions of Sections 4.2 and 4.4, Indenture Trustee shall release Equipment from the Lien of the Indenture upon the occurrence of any of the following events: (a) the sale of such Equipment pursuant to Section 3.3(b) of the Pooling and Servicing Agreement (unless retained by Issuer for re-leasing), (b) the expiration of the related Lease upon the payment of the final Lease Payment due and payable under such Lease and the deposit of any Residual Realization in respect thereof subject to the Residual Amount Cap, (c) the repurchase of the related Lease in accordance with the provisions of Section 11.014 of the Pooling and Servicing Agreement and upon the substitution of a Substitute Lease in accordance with the provisions of Section 9 of the Pooling and Servicing Agreement. The proceeds of any such sale, repurchase or releasing shall be deposited in the Collection Account for disposition under this Indenture.
Appears in 2 contracts
Sources: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§314(cSS.314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01...
Appears in 2 contracts
Sources: Indenture (Eaglemark Inc), Indenture (Eaglemark Inc)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c(S)(S)314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Heller Funding Corp), Indenture (Heller Funding Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(ba) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Residual Interestholder, the Servicer pursuant to Section 8.02(c)(i)(A), the Indenture Trustee pursuant to Section 6.07 8.02(c)(i)(B), the Owner Trustee pursuant to Section 8.02(c)(i)(C) and the Custodian pursuant to Section 8.02(c)(i)(D) have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Section 314(c) and TIA Section 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 2 contracts
Sources: Indenture (Residential Asset Funding Corp), Indenture (Home Equity Securitization Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07and the fees and expenses of the Securities Administrator, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture, including for the purposes of any repurchase of a Mortgage Loan pursuant to Section 3.16 of the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII hereunder shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent precedent, or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as (i) there are no Notes Outstanding and (ii) all sums due to the Indenture Trustee and the Securities Administrator pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral Trust that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Indenture.
(c) The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) 8.05 only upon receipt of an a request from the Issuer Request accompanied by an Officer’s Certificate, Officers' Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the stating that all applicable requirements of Section 11.01have been satisfied.
Appears in 2 contracts
Sources: Indenture (Renaissance Mortgage Acceptance Corp), Indenture (Renaissance Home Equity Loan Trust 2005-1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due to the Noteholders pursuant to the Sale and Servicing Agreement and all fees and expenses of the Indenture Trustee Trustee, the Master Servicer, the Administrator and the Custodian pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due to the Noteholders and all fees and expenses of the Indenture Trustee Trustee, the Master Servicer and the Custodians pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0113.1 hereof.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee Except as otherwise provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
subsections (b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due (c) of this Section and the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion terms of the Collateral that secured Operative Agreements, the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt by it of an Issuer Request accompanied by (i) an Officer’s 's Certificate, (ii) an Opinion of Counsel Counsel, (iii) certificates in accordance with TIA Sections 314(c) and (if required by the TIA as so stated in the Opinion of Counseld)(1), and (iv)(A) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting or (B) an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates; provided that no such Independent Certificates or Opinion of Counsel in lieu of such Independent Certificates shall be necessary in respect of property released from the lien of the Indenture in accordance with the provisions hereof if such property consists solely of cash.
(b) The Master Servicer or any Servicer, on behalf of the Issuer, shall be entitled to obtain a release from the lien of this Indenture for any Mortgage Loan and the Mortgaged Property at any time (i) after a payment by the Seller or the Issuer of the Purchase Price of the Mortgage Loan, (ii) after a Substitute Mortgage Loan is substituted for such Mortgage Loan and payment of the Substitution Amount, if any, (iii) after liquidation of the Mortgage Loan in accordance with the applicable requirements Servicing Agreement and the deposit of Section 11.01all Liquidation Proceeds and Insurance Proceeds in the Collection Account, or (iv) upon the termination of a Mortgage Loan (due to, among other causes, a prepayment in full of the Mortgage Loan and sale or other disposition of the related Mortgaged Property).
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysfunds.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 6.7 have been paid, release any remaining portion of the Collateral that secured the Notes and Swap Agreements from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Indenture.
(c) The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request requesting such release accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07SECTION 6.2 and the provisions of SECTION 11.1(b), the Indenture Trustee Collateral Agent may, in its sole discretion, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments provided to it to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the sameAgreement, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureAgreement. No party relying upon an instrument executed by the Indenture Trustee Collateral Agent as provided in this Article ARTICLE VIII shall be bound to ascertain the Indenture Trustee’s Collateral Agent's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee Collateral Agent shall, at such time as there are no Notes Outstanding outstanding and all sums due the Indenture Trustee Collateral Agent pursuant to Section 6.07 SECTION 6.2 have been paid, (i) release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture Agreement and (ii) release to the Issuer Debtor or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account or the Reserve Account, as the case may be. The Indenture Trustee Collateral Agent shall release property from the lien of this Indenture Agreement pursuant to this Section 8.04(bSECTION 8.2(b) only upon receipt of an Issuer Request a request by the Debtor accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01SECTION 11.1.
Appears in 1 contract
Sources: Security Agreement (First Investors Financial Services Group Inc)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due to the Noteholders pursuant to the Sale and Servicing Agreement and all fees and expenses of the Indenture Trustee Trustee, the Master Servicer, the Administrator and the Custodians pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or Indenture, the Sale and Servicing Agreement or the Custodial Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture and the other Operative Documents. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 and the Owner Trustee in respect of the Notes have been paidpaid and the Commitments terminated, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 1 contract
Sources: Indenture (Bluegreen Corp)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c'SS''SS'314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§'SS' 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion -45- 51 of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidBonds Outstanding, release any remaining portion of the Collateral that secured the Notes Bonds from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§Trust Indenture Act Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (PSNH Funding LLC 2)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c'SS''SS'314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Cit Ec Ef 2001-A)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the 39 45 provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Note Insurer, the Indenture Trustee pursuant to Section 6.07 and the Owner Trustee have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 1 contract
Sources: Indenture (Imc Home Equity Loan Owner Trust 1997-8)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Note Trustee may, and when required by the provisions of this Note Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Note Indenture, or convey the Indenture Note Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Note Indenture. No party relying upon an instrument executed by the Indenture Note Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Note Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Note Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidOutstanding, release any remaining portion of the Collateral that secured the Notes from the lien of this Note Indenture and release to the Note Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Note Trustee shall release property from the lien of this Note Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§314(cTrust Indenture Act ss.s▇. ▇▇4(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Note Indenture (Bec Funding LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement Indenture, shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 6.7 have been paidpaid in full, release any remaining portion of the Collateral Trust Estate that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account, the Payahead Account, the Note Distribution Account or the Class A Reserve Account. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.4(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 1 contract
Release of Collateral. (a) Subject to and in accordance with the payment terms of its fees and expenses pursuant to Section 6.07the Security Documents, the Indenture Trustee mayNote Liens on the Collateral will be released:
(1) in whole, upon payment in full of the principal of and when required by accrued and unpaid interest on the provisions Notes and payment in full of all other Note Obligations that are due and payable at or prior to the time of such principal payment;
(2) in whole, upon satisfaction and discharge of this Indenture as set forth in Article VIII;
(3) in whole, upon a legal defeasance or a covenant defeasance as set forth in Article VIII;
(4) in part, as to any asset constituting Collateral that is sold or otherwise disposed of by the Sale and Servicing Agreement shallIssuer in transactions that are permitted under the Note Documents, execute instruments including the limitations set forth under Section 4.13;
(5) as set forth under Article IX, as to property that constitutes less than all or substantially all of the Collateral, with the consent of Holders of at least a majority in aggregate principal amount of the Notes then outstanding, voting as one class (or, in the case of a release property from of all or substantially all of the lien Collateral, with the consent of this Indenturethe Holders of at least 75% in aggregate principal amount of the Notes then outstanding, voting as one class), including consents obtained in connection with a tender offer or exchange offer for, or convey purchase of, the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.Notes;
(b6) The Indenture Trustee shallin whole or in part, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant applicable, as to Section 6.07 have been paid, release any remaining portion of the Collateral that secured is taken by eminent domain, condemnation or similar circumstances. Upon compliance by the Notes from Issuer with the lien of conditions precedent required by this Indenture and release the Security Documents, the Collateral Agent shall promptly cause to be released and reconveyed to the Issuer or any other Person entitled thereto any funds then on deposit in released Collateral. Prior to each proposed release, the Trust Accounts. The Indenture Trustee shall release property from Issuer must furnish to the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s CertificateCollateral Agent all certificates, an Opinion of Counsel opinions and (if documents required by this Indenture, the TIA as so stated in Security Documents and the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01TIA.
Appears in 1 contract
Sources: Indenture (GMX Resources Inc)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute shall authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§'SS''SS' 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Collection Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Collection Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to [the Note Insurer], the Indenture Trustee and each Servicer pursuant to Section 6.07 this Indenture, the Sale and Collection Agreement and the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt by it [and the Note Insurer] of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Cit Funding Co, LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidBonds Outstanding, release any remaining portion of the Collateral that secured the Notes Bonds from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§Trust Indenture Act section section 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.
01. Notwithstanding anything to the contrary contained in this Indenture, upon termination of this Indenture, amounts on deposit in the Servicer Advance Subaccount shall be released from the Lien of this Indenture in accordance with this Section 8.05(b).
Appears in 1 contract
Sources: Indenture (PSNH Funding LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section SECTION 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section SECTION 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section SECTION 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section SECTION 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Noteholders pursuant to the Sale and Servicing Agreement and all fees and expenses of the Indenture Trustee Trustee, the Servicer and the Administrator pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Greenpoint Mortgage Funding Trust 2005-He4)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysfunds.
(b) The Indenture Trustee shall, at such time as there are no Notes are Outstanding and all sums due the to Indenture Trustee pursuant to Section 6.07 6.7 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture.
(c) Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request requesting such release accompanied by an Officer’s Certificate, Officers’ Certificate and an Opinion of Counsel and (if required by the TIA as so stated in and the Opinion of Counselapplicable Indenture Supplement) Independent Certificates in accordance with TIA §§§ 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0110.1.
Appears in 1 contract
Sources: Master Indenture (Smurfit-Stone Container Enterprises Inc)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid and all amounts due under the Class A Swap Agreement have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c'SS''SS'314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Residual Interestholder, the Servicer pursuant to Section 8.02(c)(i)(A), the Indenture Trustee pursuant to Section 6.07 8.02(c)(i)(B), the Owner Trustee pursuant to Section 8.02(c)(i)(C) and the Custodian pursuant to Section 8.02(c)(i)(D) have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Section 314(c) and TIA Section 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Bear Stearns Asset Backed Securities Inc)
Release of Collateral. (a) Subject The Collateral subject to the payment Security Documents may be released from the Lien and security interest created by the Security Documents under any one or more of the following circumstances:
(i) to enable the Company or any of the Guarantors to consummate the disposition of such property or assets to the extent not prohibited under Section 4.10;
(ii) in the case of a Guarantor that is released from its fees and expenses pursuant Subsidiary Guarantee with respect to Section 6.07the Notes, the Indenture Trustee mayrelease of the property and assets of such Guarantor;
(iii) in respect of the property and assets of a Restricted Subsidiary that is a Guarantor, upon the designation of such Guarantor to be an Unrestricted Subsidiary in accordance with Section 4.07 and when required by the provisions definition of this Indenture “Unrestricted Subsidiary”;
(iv) in whole or in part, with the Sale and Servicing Agreement shall, execute instruments to release property from consent of the lien Holders of this Indenture, or convey the Indenture Trustee’s interest requisite percentage of Notes in the same, in a manner and under circumstances that are not inconsistent accordance with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided described in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.9 hereof;
(bv) The Indenture Trustee shall, at such time as there are no Notes Outstanding upon satisfaction and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien discharge of this Indenture pursuant to Section 12.01 hereof;
(vi) upon a Legal Defeasance or Covenant Defeasance of the Notes pursuant to Section 8.02 hereof;
(vii) upon payment in full and discharge of all Notes outstanding under this Section 8.04(bIndenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged; or
(viii) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if as otherwise required by Section 5.1 of the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Priority Lien Intercreditor Agreement.
Appears in 1 contract
Sources: Indenture (Lbi Media Holdings Inc)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Note Insurer, the Indenture Trustee and the Servicer pursuant to Section 6.07 this Indenture, the Sale and Servicing Agreement and the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt by it and the Note Insurer of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid and all amounts due under the Class A-4 Swap Agreement have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(css.ss.314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Certificateholders pursuant to Section 5.02(b) of the Sale and Servicing Agreement, to the Servicer pursuant to Section 8.02(c)(i)(A) hereof, to the Indenture Trustee pursuant to Section 6.07 8.02(c)(i)(B) hereof and to the Owner Trustee pursuant to Section 8.02(c)(i)(C) hereof have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Life Financial Home Loan Owner Trust 1997-3)
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute shall authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c'SS''SS'314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its reasonable fees and expenses pursuant to Section 6.076.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments acceptable to it and prepared and delivered to it by the Issuer to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, without recourse, representation or warranty in a manner as provided in the Custodial Agreement and under circumstances that are not inconsistent with the provisions of this IndentureIndenture and the other Basic Documents. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Noteholders (and their Affiliates), the Initial Noteholder, the Sales Agents, the Indenture Trustee, the Owner Trustee pursuant to Section 6.07 and the Custodian under the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (H&r Block Inc)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Fidelity Leasing Inc)
Release of Collateral. (a) All money and other property withdrawn from the Collection Account by the Trustee for payment to the Issuer as provided in this Indenture in accordance with Section 8.02 shall be deemed released from this Indenture when so withdrawn and applied in accordance with the provisions of Article VIII, without further notice to, or release or consent by, the Trustee.
(b) Other than as provided for in clause (a) above, the Trustee shall release property from the Lien of this Indenture only as and to the extent permitted by the Basic Documents and only upon receipt of an Issuer Request accompanied by an Issuer Officer's
(c) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(bd) The Indenture Subject to Section 8.03(b), the Trustee shall, at such time as there are no Notes Securitization Bonds Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes Securitization Bonds from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds or investments then on deposit in or credited to the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Collection Account.
Appears in 1 contract
Sources: Indenture (Detroit Edison Securitization Funding LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Onyx Acceptance Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Note Trustee may, and when required by the provisions of this Note Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Note Indenture, or convey the Indenture Note Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Note Indenture. No party relying upon an instrument executed by the Indenture Note Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Note Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Note Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidOutstanding, release any remaining portion of the Collateral that secured the Notes from the lien of this Note Indenture and release to the Note Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Note Trustee shall release property from the lien of this Note Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§Trust Indenture Act s▇.▇▇. 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Note Indenture (Cl&p Funding LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding Out standing and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid in full and all due to the Insurer under the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.03(b) only upon receipt by it and the Insurer of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article 8 shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the The Indenture Trustee may, and shall when required by the provisions of this Base Indenture or the Sale and Servicing Agreement shall, promptly execute instruments prepared by and at the expense of the Issuer to release property from the lien of this Base Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this the Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article SECTION 3.4 shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Investor Notes Outstanding and all sums due the each Indenture Trustee pursuant to Section 6.07 Supplement shall have been paidterminated in accordance with its terms, release any remaining portion of the Collateral that secured the Investor Notes from the lien of this Base Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Issuer Accounts. The Indenture Trustee shall release property from the lien of this Base Indenture pursuant to this Section 8.04(bSECTION 3.4(b) only upon receipt of an Issuer Request Order accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale Transfer and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article Eight shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due to the Noteholders pursuant to the Sale and Servicing Agreement and all fees and expenses of the Indenture Trustee Trustee, the Master Servicer, the Administrator and the Custodians pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Sasco Mortgage Loan Trust Series 2003-Gel1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to under Section 6.076.7 and the satisfaction of the conditions set forth in Section 4.1, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidOutstanding, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Such release shall include delivery to the Issuer or its designee of the Transaction SUBI Certificate and release of the lien of this Indenture and transfer of dominion and control over the Accounts to the Issuer or its designee. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01Request.
Appears in 1 contract
Sources: Indenture (Volkswagen Public Auto Loan Securitization LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07SECTION 6.7, the Indenture Trustee may, and when required by the provisions of this Indenture or Indenture, the Sale and Servicing Agreement or any other Transaction Document shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding Aggregate Outstandings and all sums due to the Indenture Trustee Trustee, the Facility Administrator and the Noteholders pursuant to Section 6.07 SECTION 6.7 or the other Transaction Documents have been paid, release any remaining portion of the Collateral without representation, warranty or recourse that secured the Notes from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) paragraph only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.. ARTICLE IX
Appears in 1 contract
Sources: Indenture (Bluegreen Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that circumstancesthat are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to (i) the Certificateholders pursuant to Section 5.06(c) of the Sale and Servicing Agreement, (ii) the Servicer pursuant to Section 8.2(c)(i)(A) hereof, (iii) the Securities Insurer pursuant to Section 8.2(c)(i)(B) hereof, the Indenture Trustee pursuant to Section 6.07 have been paid8.2(c)(i)(C) hereof, and the Owner Trustee pursuant to Section 8.2(c)(i)(D) hereof, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral Trust Property that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Onyx Acceptance Corp)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(css.ss.314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Heller Funding Corp Ii)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion -45- of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c'SS''SS'314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (NCT Funding Co LLC)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Noteholders pursuant to the Sale and Servicing Agreement and all fees and expenses of the Indenture Trustee Trustee, the Servicer and the Administrator pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (Greenpoint Mortgage Funding Trust 2005-He1)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale Transfer and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article Eight shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.076.7, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysfunds.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Indenture Trustee pursuant to Section 6.07 6.7 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. Indenture.
(c) The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request requesting such release accompanied by an Officer’s Officers' Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.1.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees fees, expenses and expenses indemnification pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale Pooling and Servicing Agreement shall, execute shall authorize by written notice to the Servicer the filing of instruments to release property from the lien of this IndentureIndenture (and, if such instruments require execution by the Indenture Trustee, the Indenture Trustee shall execute such instruments), or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§'SS' 'SS' 314(c) and 314(d)(1) and in each case meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time Except as there are no Notes Outstanding otherwise provided in subsections (c) and all sums due (d) of this Section and the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion terms of the Collateral that secured Operative Agreements to which it is a party, the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) only upon receipt by it of an Issuer Request accompanied by (i) an Officer’s Certificate, (ii) an Opinion of Counsel Counsel, (iii) certificates in accordance with TIA Sections 314(c) and (if required by the TIA as so stated in the Opinion of Counseld)(1), and (iv)(A) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) and meeting the applicable requirements of Section 11.0111.01 hereof or (B) an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates; provided that no such Independent Certificates or Opinion of Counsel in lieu of such Independent Certificates shall be necessary in respect of property released from the lien of the Indenture in accordance with the provisions hereof if such property consists solely of cash distributed in accordance with the terms hereof and the Sale and Servicing Agreement.
Appears in 1 contract
Release of Collateral. (a) 8) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or and the Sale Transfer and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article Eight shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(ba) The Indenture Trustee shall, at such time as there are no Notes Outstanding outstanding and all sums due to the Noteholders pursuant to the Transfer and Servicing Agreement and all fees and expenses of the Indenture Trustee Trustee, the Master Servicer, the Administrator and the Custodians pursuant to Section 6.07 this Indenture have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments provided to it to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidpaid in full, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b8.04(a) only upon receipt by it of an Issuer Request accompanied by an Officer’s CertificateRequest.
(c) The Issuer agrees, an Opinion of Counsel and (if required upon request by the TIA as so stated Servicer and representation by the Servicer that it has complied with the procedure in Section 9.01 of the Opinion of Counsel) Independent Certificates Sale and Servicing Agreement, to render the Issuer Request to the Indenture Trustee in accordance with TIA §§314(c) Sections 4.04 and 314(d)(1) meeting the applicable requirements of Section 11.01, and take such other actions as are required in such Sections.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its reasonable fees and expenses pursuant to Section 6.076.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments acceptable to it and prepared and delivered to it by the Issuer to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, without recourse, representation or warranty in a manner as provided in the Custodial Agreement and under circumstances that are not inconsistent with the provisions of this IndentureIndenture and the other Basic Documents. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Noteholders (and their Affiliates), the Initial Noteholder, the Sales Agents, the Indenture Trustee, the Owner Trustee pursuant to Section 6.07 and the Custodian under the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.0111.01 hereof.
Appears in 1 contract
Sources: Indenture (H&r Block Inc)
Release of Collateral. (a) Subject to the payment of --------------------- its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's ------------ authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to (i) the Indenture Trustee Certificateholders pursuant to Section 6.07 5.05(c) of the Sale and Servicing Agreement and (ii) the Servicer pursuant to Section 8.02(a)(i) hereof have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSubsection (b) only upon receipt of an Issuer Request accompanied by an -------------- Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its reasonable fees and expenses pursuant to Section 6.07SECTION 6.07 hereof, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments acceptable to it and prepared and delivered to it by the Issuer to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, without recourse, representation or warranty in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article ARTICLE VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Noteholders (and their Affiliates), the Initial Noteholder, the Sales Agents, the Indenture Trustee, the Owner Trustee pursuant to Section 6.07 and the Custodian under the Basic Documents have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bSUBSECTION (b) only upon receipt of an Issuer Request accompanied by an Officer’s Certificate, 's Certificate and an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01SECTION 11.01 hereof.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to the Residual Interestholder, the Servicer pursuant to Section 8.02(c)(i)(A) hereof, the Indenture Trustee pursuant to Section 6.07 8.02(c)(i)(B) hereof, the Owner Trustee pursuant to Section 8.02(c)(i)(C) hereof and the Custodian pursuant to Section 8.02(c)(i)(D) hereof have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(bsubsection (b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01).
Appears in 1 contract
Sources: Indenture (Cityscape Corp)
Release of Collateral. (a) Subject to From and after the payment date on which the Fleet Manager or the applicable Box Truck SPV receives the Disposition Proceeds from the sale of its fees a Box Truck permitted in accordance with Section IV of the SPV Fleet Owner Agreement, such Box Truck and expenses the Certificate of Title therefor shall be automatically released from the Lien of this 2007-1 Base Indenture, and the Trustee shall execute such documents and instruments as such Box Truck SPV may reasonably request (including the power of attorney of the Trustee executed on the Effective Date pursuant to Section 6.07, 6.1(g) of the Indenture Administration Agreement appointing the Administrator to act as the agent of the Trustee may, and when required by in releasing the Lien of the Trustee on Box Trucks sold pursuant to the provisions of this Indenture or the Sale and Servicing Agreement shallSection 3.4(a)), execute instruments at such Box Truck SPV’s expense, to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysevidence and/or accomplish such release.
(b) The Indenture Trustee shall, at such time as (i) there are is no Notes Note Outstanding and all sums due the Indenture Trustee pursuant no other Issuer Obligations owed to Section 6.07 have any Person and (ii) any Financial Insurance Provider has been paidreleased from its obligations under any Enhancement Agreement (other than in respect of any preference payments in respect of which such Financial Insurance Provider is obligated under its Financial Insurance Policy), release any remaining portion of the Collateral that secured the Notes from the lien Lien of this the Indenture and release to the Issuer or any other Person entitled thereto Issuers any funds then on deposit in the Trust Box Truck Collection Account, the Box Truck Purchase Account and any Series Accounts. The Indenture Trustee shall release property from the lien Lien of this the Indenture pursuant to this Section 8.04(b3.4(b) only upon receipt of an Issuer Request a Company Order accompanied by an Officer’s Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of Counsel) Independent Certificates in accordance with TIA §§314(c) and 314(d)(1) Certificate meeting the applicable requirements of Section 11.0114.3.
Appears in 1 contract
Sources: Indenture Agreement (Amerco /Nv/)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the Indenture The Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien Lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paidBonds Outstanding, release any remaining portion of the Collateral that secured the Notes Bonds from the lien Lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust AccountsCollection Account. The Indenture Trustee shall release property from the lien Lien of this Indenture pursuant to this Section 8.04(b8.05(b) only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTrust Indenture Act) Independent Certificates in accordance with TIA §§314(cTrust Indenture Act (S)(S)314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (PSNH Funding LLC 2)
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07807, the Indenture Trustee maywill, and at the request of the Issuer or when otherwise required by the provisions of this Indenture or the Sale and Servicing Agreement shallIndenture, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that which are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article shall will be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.funds. 125
(b) The Upon delivery of an Issuer Certificate certifying that the Issuer's obligations under this Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due the Indenture Trustee pursuant to Section 6.07 have been paid, release any remaining portion of satisfied and discharged by complying with the Collateral that secured the Notes from the lien provisions of this Indenture Article, the Trustee will (i) execute and release to deliver such releases, termination statements and other instruments (in recordable form, where appropriate) as the Issuer or any other Person entitled thereto any funds then on deposit in obligor, as applicable, may reasonably request evidencing the Trust Accounts. The Indenture Trustee shall release property from termination of the lien of Security Interests created by this Indenture and (ii) not be deemed to hold the Security Interests for the benefit of the Secured Parties.
(c) The Banks and the Noteholders will be entitled to receive at least 10 days written notice when the Trustee proposes to take any action pursuant to this Section 8.04(b) only upon receipt of an Issuer Request clause (a), accompanied by an Officer’s Certificatecopies of any instruments involved, and the Trustee will also be entitled to require, as a condition to such action, an Opinion of Counsel, stating the legal effect of any such action, outlining the steps required to complete the same, and concluding that all conditions precedent to the taking of such action have been complied with. Counsel rendering any such opinion may rely, without independent investigation, on the accuracy and (if required by validity of any certificate or other instrument delivered to the TIA as so stated Trustee in the Opinion of Counsel) Independent Certificates in accordance connection with TIA §§314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01any such action.
Appears in 1 contract
Release of Collateral. (a) Subject to the payment of its fees and expenses pursuant to Section 6.07, the The Indenture Trustee may, and when required by the provisions of this Indenture or the Sale and Servicing Agreement shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s 's interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this IndentureIndenture or the Sale and Servicing Agreement. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s 's authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneysmonies.
(b) The Indenture Trustee shall, at such time as there are no Notes Outstanding and all sums due to (i) the Indenture Trustee Certificateholders pursuant to Section 6.07 5.05 of the Sale and Servicing Agreement and (ii) the Servicer pursuant to Section 8.02(a)(i) hereof have been paid, release any remaining portion of the Collateral that secured the Notes from the lien of this Indenture and release to the Issuer or any other Person entitled thereto any funds then on deposit in the Trust Accounts. The Indenture Trustee shall release property from the lien of this Indenture pursuant to this Section 8.04(b) Subsection only upon receipt of an Issuer Request accompanied by an Officer’s 's Certificate, an Opinion of Counsel and (if required by the TIA as so stated in the Opinion of CounselTIA) Independent Certificates in accordance with TIA §§Sections 314(c) and 314(d)(1) meeting the applicable requirements of Section 11.01.
Appears in 1 contract
Sources: Indenture (Bear Stearns Asset Backed Securities Inc)