Common use of Trustee May Enforce Claims Without Possession of Certificates Clause in Contracts

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 188 contracts

Sources: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 60 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 26 contracts

Sources: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Bank One Auto Securitization LLC), Pooling and Servicing Agreement (Toyota Motor Credit Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 22 contracts

Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2006-3 Trust), Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp), Pooling and Servicing Agreement (Banc of America Funding 2007-E Trust)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders Holders in respect of which such judgment has been recoveredobtained.

Appears in 21 contracts

Sources: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Pooling and Servicing Agreement (Alliance Data Systems Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 17 contracts

Sources: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 15 contracts

Sources: Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc), Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C), Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or any Supplement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 13 contracts

Sources: Master Pooling and Servicing Agreement (Circuit City Credit Card Master Trust), Master Pooling and Servicing Agreement (Fnanb Credit Card Master Trust), Pooling and Servicing Agreement (Fremont Funding Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredCertificateholders.

Appears in 12 contracts

Sources: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders in respect of which such judgment has been recovered.

Appears in 11 contracts

Sources: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Lehman Abs Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding proceedings relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredrecovered in accordance with the terms of this Agreement.

Appears in 11 contracts

Sources: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp Mort Pass THR Certs Ser 2001 3)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 10 contracts

Sources: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or any Series Supplement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 8 contracts

Sources: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement, Pooling and Servicing Agreement (Discover Card Master Trust I)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Trust Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 8 contracts

Sources: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Co)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders in respect of which such judgment has been recovered.

Appears in 8 contracts

Sources: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc), Trust Agreement (American Residential Eagle Inc), Trust Agreement (American Residential Eagle Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Trust Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any trustee of an express trust, and any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders Owners of the Certificates in respect of which such judgment has been recovered.

Appears in 6 contracts

Sources: Trust Agreement, Trust Agreement, Trust Agreement

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the any Series of Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders any Series of Certificates in respect of which such judgment has been recoveredobtained.

Appears in 5 contracts

Sources: Pooling and Servicing Agreement (Advanta Corp), Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii), Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the any Series of Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders any Series of Holders in respect of which such judgment has been recoveredobtained.

Appears in 5 contracts

Sources: Pooling and Servicing Agreement (Mellon Bank Premium Finance Master Trust), Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (First National Bank of Commerce)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Insurer or the Certificateholders in respect of which such judgment has been recovered.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered[and the Certificate Insurer].

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HFC Revolving Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates any Series may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name as trustee or in its capacity as Trusteeagent. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders any Series in respect of which such judgment has been recoveredobtained.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Stage Stores Inc), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements, and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Standard Terms and Conditions Agreement (Ford Credit Auto Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, thereto and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 3 contracts

Sources: Trust Agreement (Residential Resources Inc), Trust Agreement (Union Planters Home Equity Corp), Trust Agreement (Eqcc Asset Backed Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Pooling and Master Servicing Agreement or the Certificates Securities may be prosecuted and enforced by the Trustee without the possession of any of the Certificates Securities or the production thereof in any proceeding relating thereto, thereto and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders Holders in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Pooling and Master Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Master Servicing Agreement (Southpoint Residential Mortgage Securities Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Wheeling Pittsburgh Corp /De/), Pooling and Servicing Agreement (Wentworth J G & Co Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Muehlstein Holding Corp), Pooling and Servicing Agreement (Muehlstein Holding Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding proceeding instituted by the Trustee shall be brought in its it own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders in respect of which such judgment has been recovered.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Banc One Abs Corp), Pooling and Servicing Agreement (Banc One Abs Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceedings instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment in full of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (National Auto Finance Co Inc), Pooling and Servicing Agreement (National Auto Finance Co Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the any Series of Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Gottschalks Inc), Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement Agreement, the Certificates or the Certificates other Transaction Documents may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of distributed to the Certificateholders in respect of which such judgment has been recoveredobtained in accordance with the related Supplement.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement Agreement, the Certificates or the Certificates other Transaction Documents may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of distributed to the Certificateholders in respect of which such judgment has been recoveredobtained in the manner specified in Section 4.03(h).

Appears in 2 contracts

Sources: Pooling and Administration Agreement (National Auto Finance Co Inc), Pooling and Administration Agreement (National Auto Finance Co Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.. 110

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2005-B)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders Beneficiaries in respect of which such judgment has been recoveredobtained.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Zenith Electronics Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Dell Computer Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the any Series of Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.any Series of

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Nextcard Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates of the Trust may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and . Any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the related Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.disbursements and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-4)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or any Supplement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensationcompen- sation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 1 contract

Sources: Master Pooling and Servicing Agreement (Nordstrom Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the any Series of Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trusteetrustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensationcompen- sation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the any Series of Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Pier 1 Imports Inc/De)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders and the Certificate Insurer in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates 100 or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recoveredobtained.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Long Beach Acceptance Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, shall after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Trust Agreement (CWMBS Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Investor Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Investor Certificates or the production thereof in any proceeding relating thereto, and any such preceding proceeding instituted by the Trustee shall be brought in its it own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc One Abs Corp)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, and such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of or the Certificateholders Certifi- cateholders in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Indymac Abs Inc)

Trustee May Enforce Claims Without Possession of Certificates. All rights of action and claims under this the Trust Agreement or the Certificates may be prosecuted and enforced by the Trustee without the possession of any of the Certificates or the production thereof in any proceeding relating thereto, thereto and any such preceding proceeding instituted by the Trustee shall be brought in its own name or in its capacity as Trustee. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders Holders in respect of which such judgment has been recovered.

Appears in 1 contract

Sources: Trust Agreement (National Financial Securities Corp)