Trust Administrator Clause Samples
Trust Administrator. Trustee........................................................
Trust Administrator. ▇▇▇▇▇ Fargo in its capacity as Trust Administrator hereunder, and its successors and assigns, or any successor trust administrator appointed hereunder.
Trust Administrator. ▇▇▇▇▇ Fargo Bank, N.A., as Trust Administrator, will, pursuant to the Pooling and Servicing Agreement, administer to, hold, and receive and make all payments under, this Agreement on behalf of Party B and the Trustee. A copy of all notices or other communications sent pursuant to this Agreement shall be sent to the Trust Administrator.
Trust Administrator. The Governance Committee may designate a third-party administrator (the “Trust Administrator”) as described in greater detail in Article IV of this Agreement to assist in the conduct of its business and for the administration of the Trust for tasks including but not limited to developing: (A) cash flow schedules for the Trust expenditures; (B) measures to track administrative costs; and (C) associated auditing and reporting tasks.
Trust Administrator. (a) If specified in the Terms Schedule, the Trustee shall appoint a Trust Administrator for the Trust (the "Trust Administrator"). The entity serving as the Trust Administrator may be the Trustee, the Depositor, [Commerzbank Capital Markets Corp.], an affiliate of any of them, the Deposited Asset Provider or any third party and may have other normal business relationships with the trustee, Comcertz ABS Corporation, their affiliates or the Deposited Asset Provider. The Trust Administrator shall perform such duties, shall have such obligations and shall be entitled to such compensation each as is specified in the Terms Schedule and/or such other trust administrator agreement by and between the Trustee and the Trust Administrator.
(b) If any document in respect of any of the Deposited Assets is found to be missing or defective in any material respect, the trustee (or such custodian) will immediately notify the Trust Administrator, if any, and Depositor, and the Trust Administrator, if any, and the trustee will immediately notify the relevant person who sold the applicable Deposited Asset to Depositor (a "Deposited Asset Provider"). If and to the extent specified in the applicable prospectus supplement and the Terms Schedule attached hereto, the Deposited Asset Provider cannot cure such omission or defect within 60 days after receipt of notice, the Deposited Asset Provider will be obligated, within 90 days of receipt of notice, to repurchase the related Deposited Asset from the trustee at the Purchase Price (as defined below) or provide a substitute for the Deposited Asset. The Trust Administrator, if any, or otherwise the trustee is obligated to use its best efforts to enforce such obligation, provided, however, that, neither such Trust Administrator nor Depositor will be obligated to repurchase or substitute for such Deposited Asset if the Deposited Asset Provider defaults on its obligation. Unless otherwise specified in the applicable Prospectus Supplement and the Terms Schedule attached hereto, when applicable, this repurchase or substitution obligation constitutes the sole remedy available to the certificateholders or the trustee for omission of, or a material defect in, or failure to provide, a constituent document.
(c) The Trustee is not accountable for the use or application by or on behalf of any Trust Administrator of any funds paid to the Trust Administrator or its designee in respect of such Certificates or the Deposited Assets, or deposited into o...
Trust Administrator. The Liquidation Trustee may appoint one or more Persons to serve with the designation of Trust Administrators for the Liquidation Trust (each, a “Trust Administrator”). A Trust Administrator shall serve at the discretion of the Liquidation Trustee. The appointment or removal of a Trust Administrator shall be set forth in a letter or other notice of appointment or removal, addressed to such Person and signed by the Liquidation Trustee, and shall be effective on the date stated in such notice. It shall be the duty of any Trust Administrator to assist the Liquidation Trustee in the performance of the Liquidation Trustee’s routine and administrative duties under this Agreement. In furtherance of the foregoing, a Trust Administrator shall have the authority to take any of the following actions, in the name of or on behalf of the Liquidation Trust or any Estate of the Debtor:
1. handle all matters relating to the administration of Trust Assets owned by the Liquidation Trust, including without limitation the execution of documents on behalf of the Liquidation Trust or the Estate of the Debtor;
2. deposit funds into or transfer funds among any of the accounts maintained by the Trust, on the sole signature of the Trust Administrator or its authorized officer;
3. withdraw funds from any general operating account of the Liquidation Trust, on the sole signature of the Trust Administrator or its authorized officer, to pay routine or ordinary expenses of the Liquidation Trust;
4. obtain and preserve the Liquidation Trust’s qualification to do business in any jurisdiction in which such qualification is necessary;
5. assist the Liquidation Trustee in the routine tasks of the Liquidation Trustee, in its capacity as an officer, director, manager, shareholder or member of any Liquidation Trust Entity or the Debtor, and handle all of the matters described in paragraphs 1 through 4 above, but with respect to the Retained Assets or the Entity Assets, as applicable; and
6. comply with any written directive of the Liquidation Trustee with respect to administrative matters or the routine operations of the Liquidation Trust. In no event shall a Trust Administrator have the authority to withdraw funds or assets from any of the Liquidation Trust’s deposit, time, investment or securities accounts, other than (i) if necessary to effect transfers among such accounts or (ii) to withdraw funds from any general operating account of the Liquidation Trust to pay routine or ordinary expenses ...
Trust Administrator. ▇▇▇▇▇ Fargo Bank, N.A., as Trust Administrator, will, pursuant to the Pooling and Servicing Agreement, administer to, hold, and receive and make all payments under, this Agreement on behalf of Party B and the Trustee. A copy of all notices or other communications sent pursuant to this Agreement shall be sent to the Trust Administrator. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by ▇▇▇▇▇ Fargo Bank, N.A., not in its individual or corporate capacity, but solely as trust administrator on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement in respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1, in the exercise of the powers and authority conferred upon and vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of Party B has not been made or intended as a representation, warranty, covenant, undertaking or agreement by ▇▇▇▇▇ Fargo Bank, N.A., in its individual or corporate capacity, but is made and intended for the purpose of binding only the assets of the Supplemental Interest Trust available therefor in accordance with the terms of the Pooling and Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on ▇▇▇▇▇ Fargo Bank, N.A., in its individual or corporate capacity, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall ▇▇▇▇▇ Fargo Bank, N.A., in its individual or corporate capacity, be liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Trust Administrator. ▇▇▇▇▇ Fargo Bank Minnesota, National Association, and its successors in interest and, if a successor trust administrator is appointed hereunder, such successor.
Trust Administrator. ▇▇▇▇▇ Fargo Bank, N.A. a national banking association, not in its individual capacity, but solely in its capacity as trust administrator for the benefit of the Certificateholders under this Agreement, and any successor thereto, as provided herein.
Trust Administrator. 12.1 The Trustees shall select a Trust Administrator who shall fulfill the following duties:
(a) to maintain the accounts of the Trust;
(b) be one (1) of at least two (2) persons jointly authorized in banking arrangements to approve any transactions involving Trust Property;
(c) to attend all meetings of the Trustees, either in person or by a form of telecommunication acceptable to the Trustees;
(d) to maintain adequate records of all transactions affecting the Trust Property;
(e) to provide monthly statements regarding each account of the Trust to the Trustees;
(f) to ensure the Trustees receive quarterly investment reports;
(g) to maintain the contact information for all Trustees;
(h) together with the Trustees to provide orientation and training with respect to this Trust to newly appointed Trustees and to Council after each general election as appropriate;
(i) to immediately notify the Council and the Trustees of any breaches of this Agreement of which the Trust Administrator is aware;
(j) upon direction from the Trustees, to obtain, at the expense of the Trust, bonding or security for the due and faithful;
(k) administration of the Trust and/or errors and omission insurance;
(l) to maintain a copy of all Trustee Resolutions required for the administration of this Trust;
(m) to accept any notice that may be required to be served on the Trustees; and
(n) to provide the Trustees with a copy of all ledgers, registers and documents or recordings of transactions affecting the Trust Property upon request.