Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Item 1109 -- Trustees

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1. State the trustee’s name and describe the trustee’s form of organization.
   
   
2. Describe to what extent the trustee has had prior experience serving as a trustee for asset-backed securities transactions involving similar pool assets, if applicable.
   
   
3. Describe the trustee’s duties and responsibilities regarding the asset-backed securities under the governing documents and under applicable law. In addition, describe any actions required by the trustee, including whether notices are required to investors, rating agencies or other third parties, upon an event of default, potential event of default (and how defined) or other breach of a transaction covenant and any required percentage of a class or classes of asset-backed securities that is needed to require the trustee to take action.
   
   
4. Describe any limitations on the trustee’s liability under the transaction agreements regarding the asset-backed securities transaction.
   
   
5. Describe any indemnification provisions that entitle the trustee to be indemnified from the cash flow that otherwise would be used to pay the asset-backed securities.
   
   
6. Describe any contractual provisions or understandings regarding the trustee’s removal, replacement or resignation, as well as how the expenses associated with changing from one trustee to another trustee will be paid.
   
   

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   Instruction to Item 1109.
   
   If multiple trustees are involved in the transaction, provide a description of the roles and responsibilities of each trustee.
   
   

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