Common use of Access to List of Certificateholders' Names and Addresses Clause in Contracts

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 140 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Asset Mortgage Back Securities 2001-19 Trust), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2001 23 Trust), Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp Mort Ba Sec 2001-24 Trust)

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Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent or the Depositor, as the case may be, within 15 days after its receipt by the Certificate Registrar of a request by therefor from the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor in writing, a list, in such form as the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Holders of Certificates evidencing, in the aggregate, not less than 25% of the Certificate Balance apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the SellerDepositor, the Master Servicer, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section 3.06.

Appears in 51 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent and the Depositor, within 15 days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingOwner Trustee, the Servicer, the Paying Agent or the Depositor, a list, in such form as the Trustee Servicer or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If (a) three or more Certificateholders or (b) If five one or more Certificateholders (hereinafter referred to as "applicants") Holders of Trust Certificates evidencing not less than 50% of the Certificate Percentage Interests apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section.

Appears in 48 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2024-C), Trust Agreement (Hyundai Auto Receivables Trust 2024-C), Trust Agreement (Hyundai Auto Receivables Trust 2024-B)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee Paying Agent is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteePaying Agent, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Paying Agent in writing, a list, in such form as the Trustee Paying Agent may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeCertificate Registrar, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Certificate Registrar shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the SellerDepositor, the Master Servicer, the Certificate Registrar Registrar, the Paying Agent and the Trustee that neither the SellerDepositor, the Master Servicer, the Certificate Registrar Registrar, the Paying Agent nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 40 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2008 -1 Trust), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar1 Trust), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-9 Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee Trust Administrator is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Administrator, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Trust Administrator in writing, a list, in such form as the Trustee Trust Administrator may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeTrust Administrator, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Trust Administrator shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrust Administrator. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee Trust Administrator is not the Certificate Registrar, the Trustee Trust Administrator shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 38 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Asset Sec Corp Mort Pass THR Cert Ser 2000-13), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mor Pass THR Cer Ser 1999-8 Tr), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities 2001-15)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, any three (3) or more Certifying Certificateholders or any party to this Agreement (i) request in writing from the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of Certificateholders and (ii) in the case of a request by Certificateholders, state that such Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmitCertificates, then the Trustee Certificate Registrar shall, within five ten (10) Business Days following after the receipt of such applicationrequest, at no cost to such requesting party, afford such applicants Certificateholders or applicable party to this Agreement, as applicable, access during normal business hours to the most recent a current list of the Certificateholders held by the Trustee. If or, if requested, shall provide such a list is as of the date more than 90 days prior electronically to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarapplicable requesting party; provided, the Trustee shall promptly request from that the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access not be required to such list promptly upon receipt. (c) determine the identity of any Certificate Owner of any Book-Entry Certificate. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, that none of the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee or any other party to this Agreement shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived. (b) Upon the written request of any Certifying Certificateholder that (i) states that such Certificateholder desires the Certificate Registrar to transmit a notice to all Certificateholders stating that such Certificateholder wishes to be contacted by other Certificateholders, setting forth the relevant contact information and briefly stating the reason for the requested contact and (ii) provides a copy of the Special Notice which such Certificateholder proposes to transmit, the Certificate Registrar shall deliver such Special Notice to the Certificate Administrator, who shall make a copy of such Special Notice available electronically on the Certificate Administrator’s Website pursuant to Section 5.4. The costs and expenses of the Certificate Registrar associated with delivering any such Special Notice shall be borne by the party or parties requesting delivery of such Special Notice. Every Certificateholder, by receiving and holding a Certificate, agrees that the Certificate Registrar shall not be held accountable by reason of the disclosure of any such Special Notice to Certificateholders, regardless of the information set forth in such Special Notice.

Appears in 32 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C16)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the TrusteeCompany, within 15 days after receipt by the Certificate Registrar of a request by therefor from the Trustee Company in writing, a list, in such form as the Trustee Company may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) Date for payment of distributions to Certificateholders. If five three or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 30 contracts

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-4 Trust), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc 2000-5 Trust), Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class or Subclass as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (Norwest Asset Securities Corp Mor Pas Th Cert Ser 1997-11 Tr), Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1997 17 Trust), Pooling and Servicing Agreement (Norwest Asset Securties Corp Mort Pass THR Cert Ser 1996-08)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee Trust Administrator is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Administrator, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Trust Administrator in writing, a list, in such form as the Trustee Trust Administrator may reasonably require, of the names and addresses of the Certificateholders of each Class or Subclass as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeTrust Administrator, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Trust Administrator shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrust Administrator. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee Trust Administrator is not the Certificate Registrar, the Trustee Trust Administrator shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (Norwest Asset Securities Corp Mort Ps THR Cer Ser 1997-06 Tr), Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Ps THR Cert Ser 1998-2 Trust), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mort Pass THR Cert Ser 1997-21)

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests representing 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerCompany, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests representing 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerOriginator, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, the Paying Agent and the Depositor, within 15 fifteen (15) days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingServicer, the Paying Agent or the Depositor, a list, in such form as the Trustee Servicer, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. . The Certificate Registrar shall also furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If (bi) If five three (3) or more Certificateholders or (hereinafter referred to as "applicants"ii) one (1) or more Certificateholders evidencing not less than twenty-five percent (25%) of the Percentage Interest apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application and written direction from the Administrator is accompanied by a copy of the communication which that such applicants propose to transmit, then the Trustee Certificate Registrar shall, within five (5) Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section.

Appears in 9 contracts

Samples: Trust Agreement (California Republic Auto Receivables Trust 2015-2), Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Trustee or any other party acting as paying agent, the Owner Trustee, the Servicer and the Trust Depositor, within 15 days ten (10) Business Days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingTrustee, the Owner Trustee, the Servicer or the Trust Depositor, a list, in such form as the Trustee or any other party acting as paying agent, the Owner Trustee, the Servicer or the Trust Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Holders of Trust Certificates evidencing not less than 25% of the Percentage Interests apply in writing to the TrusteeCertificate Registrar, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Trust Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Trustee Certificate Registrar shall, within five (5) Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Certificate Registrar will promptly notify the Trust Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerTrust Depositor, the Certificate Registrar and the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 7 contracts

Samples: Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Hercules Capital, Inc.)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer, the Transferor, or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer, the Transferor or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer, the Transferor or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Investor Interest of the Investor Certificates of any Series (bthe “Applicants”) If five or more Certificateholders (hereinafter referred to as "applicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer and the Transferor notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicants’ request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master Servicer, the Certificate Registrar Transferor, the Transfer Agent and Registrar, nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall and at any time requests the Depositor or the Certificate Registrar in writing to provide a list of the names and addresses of Certificateholders, the Depositor will furnish or (if the Certificate Registrar is not the Depositor) cause the Certificate Registrar to be furnished furnish to the Trustee, within 15 days five Business Days after receipt by the Certificate Registrar of a request by request, such list as of the Trustee in writing, a listmost recent Record Date, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants"i) apply request such information in writing to from the Trustee, and (ii) state that such application states that the applicants Certificateholders desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by (iii) provide a copy of the communication which such applicants Certificateholders propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such applicationrequest, afford such applicants Certificateholders access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsCertificateholders' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Depositor or the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants Certificateholders access to such list promptly upon receipt. (c) its receipt by the Trustee. Every Certificateholder, by receiving and holding a Certificate, agrees with that none of the Seller, the Master ServicerDepositor, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2006-1), Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2007-1), Pooling and Servicing Agreement (Citicorp Residential Mortgage Trust Series 2007-2)

Access to List of Certificateholders' Names and Addresses. The Certificate Registrar will furnish to the Trustee (a) If if the Trustee is not acting as the Certificate Registrar), Vanderbilt and the Certificate Registrar shall furnish or cause to be furnished to the Trustee, Servicer within 15 five days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingTrustee, Vanderbilt or the Servicer a list, in such form as the Trustee Trustee, Vanderbilt or the Servicer reasonably may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates of any Class evidencing, as to such Class, aggregate Percentage Interests of 25% or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders of such Class with respect to their rights under this Agreement or under the Certificates of such Class and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after the receipt of such application, shall afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders of such Class held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee promptly shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list during normal business hours promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, Vanderbilt nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002-C), Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc), Pooling and Servicing Agreement (Senior Subordinate Pass Through Cert Series 2003-A)

Access to List of Certificateholders' Names and Addresses. The Certificate Registrar will furnish to the Trustee (a) If if the Trustee is not acting as the Certificate Registrar), the Certificate Registrar shall furnish or cause to be furnished to Company and the Trustee, Servicer within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, the Company or the Servicer in writing, a list, in such form as the Trustee Trustee, the Company or the Servicer reasonably may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates of any Class evidencing, as to such Class, aggregate Percentage Interests of 25% or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders of such Class with respect to their rights under this Agreement or under the Certificates of such Class and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after the receipt of such application, shall afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders of such Class held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee promptly shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Company nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Finance Pass Through Cert Series 1999b), Pooling and Servicing Agreement (Vanderbilt Mort & Fi Inc Man Ho Co Se Su Pas Th Ce Se 2000a), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pas THR Cert Ser 1999c)

Access to List of Certificateholders' Names and Addresses. (a) If the The Owner Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Servicer, the Certificate Paying Agent and the Depositor, or to the Indenture Trustee, within 15 fifteen (15) days after receipt by the Certificate Registrar Owner Trustee of a written request by therefor from the Trustee in writingServicer, the Certificate Paying Agent or the Depositor, or the Indenture Trustee, as the case may be, a list, in such form as the Trustee requesting party may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . The Certificate Registrar shall also furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more holders of Certificates evidencing not less than 25% of the Percentage Interests evidenced by the Certificates apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five (5) Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 4 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2006-1), Trust Agreement (USAA Auto Owner Trust 2006-2), Trust Agreement (USAA Auto Owner Trust 2006-3)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Investor Interest of the Investor Certificates of any Series, or any Credit Enhancement Provider (b) If five or more Certificateholders (hereinafter referred to as "applicants") the “Applicants”), may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series (or the holders of Investor Certificates, in the case of any Credit Enhancement Provider) with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicants’ request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Master Servicer and the Depositor within 15 days five Business Days after receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, the Master Servicer or the Depositor, in writing, a list, in such form as the Trustee Trustee, the Master Servicer or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders Holders of Certificates or Holders of Certificates evidencing, as to any Class, Percentage Interests aggregating 25% or more (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 ninety (90) days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the SellerCertificate Registrar and the Trustee that none of the Depositor, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cit Home Equity Loan Trust 2002-1), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp), Pooling and Servicing Agreement (Cit Group Securitization Corp Iii)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Invested Amount of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Bank One Delaware National Association), Pooling and Servicing Agreement (First Bank Corporate Card Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Investor Interest of the Investor Certificates of any Series (bthe “Applicants”) If five or more Certificateholders (hereinafter referred to as "applicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicants’ request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (BA Credit Card Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar The Depositor shall furnish or cause to be furnished to the TrusteeTrustee and the Indenture Trustee not more than five (5) days before each Distribution Date, within 15 days after receipt by the Certificate Registrar of a request by and at such other times as the Trustee or the Indenture Trustee may request in writing, a list, in such form as the Trustee or the Indenture Trustee may reasonably require, to the extent such information is in the possession or control of the Depositor or any of its Paying Agents, of the names and addresses of the Certificateholders as of the most recent Record Date; provided, however, that so long as the Trustee is the Certificate Registrar, such list shall only be required to be furnished to the Indenture Trustee. If the Trustee is the Certificate Registrar, upon written request by the Depositor, the Trustee shall furnish or cause to be furnished to the Depositor, within fifteen (15) days after receipt of such request, a list, in such form as the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Certificate Registrar and Depositor or the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. For purposes of any and all distributions to be made by the Indenture Trustee under the Indenture, the Indenture Trustee may assume that the Certificateholders are those Persons who last were identified to it as Certificateholders by the Certificate Registrar. (b) For purposes of determining the identity of Certificateholders entitled to vote or in connection with any notice or other communication to be provided to Certificateholders pursuant to the Series Trust Agreement by the Trustee with respect to any consent or other action to be taken by Certificateholders, the Trustee shall establish a record date for such consent or other action and, if any Certificates are held as Book-Entry Certificates, give DTC notice of such record date not less than fifteen (15) calendar days in advance of such record date to the extent possible. Such record date shall be the later of thirty (30) days prior to the first solicitation of such consent or other action and the date of the most recent list of Certificateholders furnished to the Trustee pursuant to Section 3.7(a).

Appears in 3 contracts

Samples: Series Trust Agreement (Corporate Asset Backed Corp), Series Trust Agreement (Corporate Asset Backed Corp), Series Trust Agreement (Corporate Asset Backed Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Owner Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Collateral Agent, the Servicer or the Seller and, prior to the Class A Termination Date, the Class A Insurer and the Backup Insurer, within 15 days after receipt by the Certificate Registrar Owner Trustee of a request by the Trustee therefor from such Person in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") Holders of Certificates or one or more Holders of Certificates evidencing not less than 25% of the Certificate Interest apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerClass A Insurer, the Master ServicerBackup Insurer, the Certificate Registrar nor Trust Collateral Agent or the Owner Trustee shall be held or any agent thereof accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 3 contracts

Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, Depositor within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Certificateholders evidencing not less than 25% of the Certificate Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee will promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with Trust Certificate shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 3 contracts

Samples: Trust Agreement (Crestar Bank /Va), Trust Agreement (PNC Bank National Association/), Trust Agreement (Crestar Bank /Va)

Access to List of Certificateholders' Names and Addresses. The Certificate Registrar will furnish to the Trustee (a) If if the Trustee is not acting as the Certificate Registrar), the Certificate Registrar shall furnish or cause to be furnished to Company and the Trustee, Servicer within 15 five days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingTrustee, the Company or the Servicer a list, in such form as the Trustee Trustee, the Company or the Servicer reasonably may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates of any Class evidencing, as to such Class, aggregate Percentage Interests of 25% or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders of such Class with respect to their rights under this Agreement or under the Certificates of such Class and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after the receipt of such application, shall afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders of such Class held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee promptly shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Company nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pass THR Cert Ser 2000-D), Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc), Pooling and Servicing Agreement (Vanderbilt Mortgage & Fi in Ma Ho Co Sr Su Pa Th C Se 2001a)

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing Percentage Interests representing 25% or more Certificateholders of the Trust apply in writing to the Trustee (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee), and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerCompany, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, any three (3) or more Certifying Certificateholders or any party to this Agreement (i) request in writing from the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of Certificateholders and (ii) in the case of a request by Certificateholders, state that such Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmitCertificates, then the Trustee Certificate Registrar shall, within five ten (10) Business Days following after the receipt of such applicationrequest, at no cost to such requesting party, afford such applicants Certificateholders or applicable party to this Agreement, as applicable, access during normal business hours to the most recent a current list of the Certificateholders held by the Trustee. If or, if requested, shall provide such a list is as of the date more than 90 days prior electronically to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from applicable requesting party; provided that the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access not be required to such list promptly upon receipt. (c) determine the identity of any Certificate Owner of any Book-Entry Certificate. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, that none of the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee or any other party to this Agreement shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived. (b) Upon the written request of any Certifying Certificateholder that (i) states that such Certificateholder desires the Certificate Registrar to transmit a notice to all Certificateholders stating that such Certificateholder wishes to be contacted by other Certificateholders, setting forth the relevant contact information and briefly stating the reason for the requested contact and (ii) provides a copy of the Special Notice which such Certificateholder proposes to transmit, the Certificate Registrar shall deliver such Special Notice to the Certificate Administrator, who shall make a copy of such Special Notice available electronically on the Certificate Administrator’s Website pursuant to Section 5.4. The costs and expenses of the Certificate Registrar associated with delivering any such Special Notice shall be borne by the party or parties requesting delivery of such Special Notice. Every Certificateholder, by receiving and holding a Certificate, agrees that the Certificate Registrar shall not be held accountable by reason of the disclosure of any such Special Notice to Certificateholders, regardless of the information set forth in such Special Notice.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C12), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11)

Access to List of Certificateholders' Names and Addresses. The Transfer Agent and Certificate Registrar shall furnish to the Servicer or the Paying Agent (a) If or to the Trustee if the Trustee is not acting as the Transfer Agent and Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee), within 15 days after receipt by the Transfer Agent and Certificate Registrar of a request by therefor from the Servicer, the Trustee or the Paying Agent in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five , in such form as the Servicer, the Trustee or the Paying Agent may reasonably require. If, at such time, if any, as Definitive Certificates have been issued, three or more Certificateholders (hereinafter referred to as "applicants") or one or more Holders of Certificates aggregating not less than 25% of the Pool Balance apply in writing to the TrusteeTransfer Agent and Certificate Registrar (or the Trustee if the Trustee is acting as the Transfer Agent and Certificate Registrar), and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates Certificates, and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Trustee Transfer Agent and Certificate Registrar shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Trustee, the Transfer Agent and Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held or any of their respective agents accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar The Depositor shall furnish or cause to be furnished to the TrusteeTrustee on the Record Date before each Distribution Date, within 15 days after receipt by the Certificate Registrar of a request by and at such other times as the Trustee may request in writing, a list, in such form as the Trustee may reasonably require, to the extent such information is in the possession or control of the Depositor, of the names and addresses of the Certificateholders as of each Class such Record Date; provided, however, that so long as the Trustee is the Certificate Registrar, the Depositor shall not be required to furnish such list to the Trustee. If the Trustee is the Certificate Registrar, upon written request by the Depositor, the Trustee shall furnish or cause to be furnished to the Depositor, within fifteen (15) days after receipt of such request, a list, in such form as the Depositor may reasonably require, of the names and addresses of the Certificateholders as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Certificate Registrar and Depositor or the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. (b) For purposes of determining the identity of Certificateholders entitled to vote or in connection with any notice or other communication to be provided to Certificateholders pursuant to this Agreement with respect to any consent or other action to be taken by Certificateholders, the Trustee shall establish a record date for such consent or other action and give each Certificateholder notice of such record date not less than fifteen (15) calendar days in advance of such record date to the extent possible. Such record date shall be the later of thirty (30) days prior to the first solicitation of such consent or other action and the date of the most recent list of Certificateholders, if any, furnished to the Trustee pursuant to Section 3.7(a).

Appears in 3 contracts

Samples: Trust Agreement (Corporate Asset Backed Corp Cabco Series 2004 1 Trust), Trust Agreement (Corporate Asset Backed Corp), Trust Agreement (Corporate Asset Backed Corp)

Access to List of Certificateholders' Names and Addresses. (a) If any three (3) or more Certifying Certificateholders, the Trustee is not acting as Certificate RegistrarMaster Servicer, the Special Servicer, the Certificate Registrar shall furnish or cause to be furnished to Administrator, the Trustee, within 15 days after receipt by the Trust Advisor, or the Depositor (i) request in writing from the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of Certificateholders and (ii) in the case of a request by Certificateholders, state that such Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmitCertificates, then the Trustee Certificate Registrar shall, within five ten (10) Business Days following after the receipt of such applicationrequest, at no cost to such requesting party, afford such applicants Certificateholders, the Master Servicer, the Special Servicer, the Depositor, the Certificate Administrator, the Trustee or the Trust Advisor, as applicable, access during normal business hours to the most recent a current list of the Certificateholders held by the Trustee. If or, if requested, shall provide such a list is as of the date more than 90 days prior electronically to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarapplicable requesting party; provided, the Trustee shall promptly request from that the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access not be required to such list promptly upon receipt. (c) determine the identity of any Certificate Owner of any Book-Entry Certificate. Every Certificateholder, by receiving and holding a Certificate, agrees with that none of the SellerCertificate Registrar, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Special Servicer, the Certificate Registrar nor Administrator, the Depositor, the Trustee or the Trust Advisor shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived. (b) Upon the written request of any Certifying Certificateholder that (i) states that such Certificateholder desires the Certificate Registrar to transmit a notice to all Certificateholders stating that such Certificateholder wishes to be contacted by other Certificateholders, setting forth the relevant contact information and briefly stating the reason for the requested contact and (ii) provides a copy of the Special Notice which such Certificateholder proposes to transmit, the Certificate Registrar shall deliver such Special Notice to the Certificate Administrator, who shall make a copy of such Special Notice available electronically on the Certificate Administrator’s Website pursuant to Section 5.4. The costs and expenses of the Certificate Registrar associated with delivering any such Special Notice shall be borne by the party or parties requesting delivery of such Special Notice. Every Certificateholder, by receiving and holding a Certificate, agrees that the Certificate Registrar shall not be held accountable by reason of the disclosure of any such Special Notice to Certificateholders, regardless of the information set forth in such Special Notice.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2012-C4), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2012-C4), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2012-C4)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Wella Fargo Mortgage Backed Securities Series 2004-8 Trust), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities Series 2004-6), Pooling and Servicing Agreement (Wells Fargo Mortgage Backed Securities Series 2004-5)

Access to List of Certificateholders' Names and Addresses. The Transfer Agent and Certificate Registrar shall furnish to the Servicer or the Paying Agent (a) If or to the Trustee if the Trustee is not acting as the Transfer Agent and Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee), within 15 days after receipt by the Transfer Agent and Certificate Registrar of a request by therefor from the Servicer, the Trustee or the Paying Agent in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five , in such form as the Servicer, the Trustee or the Paying Agent may reasonably require. If, at such time, if any, as Definitive Certificates have been issued, three or more Certificateholders (hereinafter referred to as "applicants") Certificateholders, or one or more Holders of Certificates aggregating not less than 25% of the Pool Balance apply in writing to the TrusteeTransfer Agent and Certificate Registrar (or the Trustee if the Trustee is acting as the Transfer Agent and Certificate Registrar), and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this the Agreement or under the Certificates Certificates, and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Trustee Transfer Agent and Certificate Registrar shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Trustee, the Transfer Agent and Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held or any of their respective agents accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders holders of each Class the Trust Certificates as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") holders of the Trust Certificates or one or more holders of the Trust Certificates evidencing not less than 25% of the Certificate Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders holders of the Trust Certificates with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the Trustee. If such a list is as holders of the date more than 90 days prior to the date of Trust Certificates. Upon receipt of any such applicants' request and the Trustee is not the Certificate Registrarapplication, the Eligible Lender Trustee shall will promptly request from notify the Certificate Registrar Depositor by providing a current copy of such application and a copy of the list as provided of the holders of the Trust Certificates produced in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholderresponse thereto. Each holder of the Trust Certificates, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 2 contracts

Samples: Trust Agreement (Key Bank Usa National Association), Trust Agreement (Key Bank Usa National Association)

Access to List of Certificateholders' Names and Addresses. (a) If any three (3) or more Certifying Certificateholders, the Trustee is not acting as Certificate RegistrarMaster Servicer, the Special Servicer, the Certificate Registrar shall furnish or cause to be furnished to Administrator, the Trustee, within 15 days after receipt by the Trust Advisor, or the Depositor (i) request in writing from the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of Certificateholders and (ii) in the case of a request by Certificateholders, state that such Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmitCertificates, then the Trustee Certificate Registrar shall, within five ten (10) Business Days following after the receipt of such applicationrequest, at no cost to such requesting party, afford such applicants Certificateholders, the Master Servicer, the Special Servicer, the Depositor, the Certificate Administrator, the Trustee or the Trust Advisor, as applicable, access during normal business hours to the most recent a current list of the Certificateholders held by the Trustee. If or, if requested, shall provide such a list is as of the date more than 90 days prior electronically to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarapplicable requesting party; provided that, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access not be required to such list promptly upon receipt. (c) determine the identity of any Certificate Owner of any Book-Entry Certificate. Every Certificateholder, by receiving and holding a Certificate, agrees with that none of the SellerCertificate Registrar, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Special Servicer, the Certificate Registrar nor Administrator, the Depositor, the Trustee or the Trust Advisor shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived. (b) Upon the written request of any Certifying Certificateholder that (i) states that such Certificateholder desires the Certificate Registrar to transmit a notice to all Certificateholders stating that such Certificateholder wishes to be contacted by other Certificateholders, setting forth the relevant contact information and briefly stating the reason for the requested contact and (ii) provides a copy of the Special Notice which such Certificateholder proposes to transmit, the Certificate Registrar shall deliver such Special Notice to the Certificate Administrator, who shall make a copy of such Special Notice available electronically on the Certificate Administrator’s Website pursuant to Section 5.4. The costs and expenses of the Certificate Registrar associated with delivering any such Special Notice shall be borne by the party or parties requesting delivery of such Special Notice. Every Certificateholder, by receiving and holding a Certificate, agrees that the Certificate Registrar shall not be held accountable by reason of the disclosure of any such Special Notice to Certificateholders, regardless of the information set forth in such Special Notice.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2011-C3), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2011-C3)

Access to List of Certificateholders' Names and Addresses. The Certificate Registrar will furnish to the Trustee (a) If if the Trustee is not acting as the Certificate Registrar), Vanderbilt and the Certificate Registrar shall furnish or cause to be furnished to the Trustee, Servicer within 15 five days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingTrustee, Vanderbilt or the Servicer a list, in such form as the Trustee Trustee, Vanderbilt or the Servicer reasonably may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates of any Class evidencing, as to such Class, aggregate Percentage Interests of 25% or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders of such Class with respect to their rights under this Agreement or under the Certificates of such Class and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after the receipt of such application, shall afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders of such Class held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee promptly shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, Vanderbilt nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002 A)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent (or any agent thereof), within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such the form as maintained by the Trustee may reasonably requireTrustee, of the names and addresses of the Investor Certificateholders of each Class as (other than Bearer Certificateholders). If Holders representing Undivided Interests in the Trust aggregating not less than 10% of the most recent Record Date. Invested Amount of the Investor Certificates of such Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of such Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to either afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders (other than Bearer Certificateholders) held by the Trustee, or mail or cause to be mailed such list within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, Certificate agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders Certificateholder, (other than Bearer Certificateholders) hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 2 contracts

Samples: Master Pooling and Servicing Agreement (American Express Centurion Bank), Master Pooling and Servicing Agreement (American Express Centurion Bank)

Access to List of Certificateholders' Names and Addresses. (a) 1. If the Trustee Trust Administrator is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Administrator, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Trust Administrator in writing, a list, in such form as the Trustee Trust Administrator may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) 2. If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeTrust Administrator, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Trust Administrator shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrust Administrator. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee Trust Administrator is not the Certificate Registrar, the Trustee Trust Administrator shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) 3. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1999 2 Trust), Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1999 1 Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingServicer, a list, in such form as the Trustee Servicer may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders or holders of Investor Certificates evidencing not less than 25% of the aggregate Percentage Interests of any Class (hereinafter referred to as "applicantsApplicants") apply in writing to the 1998-C Securitization Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders with respect to their rights under this 1998-C Securitization Trust Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants Applicants propose to transmit, then the 1998-C Securitization Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access Applicants access, during normal business hours hours, to the most recent current list of Certificateholders held by the TrusteeInvestor Certificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Servicer and the 1998-C Securitization Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Servicer nor the 1998-C Securitization Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunderunder the Agreement, regardless of the source from which such information was deliveredderived.

Appears in 2 contracts

Samples: 1998 C Securitization Trust Agreement (Toyota Auto Lease Trust 1998 C), Securitization Trust Agreement (Toyota Lease Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor or TMS Student Holdings, Inc., as applicable, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor or TMS Student Holdings, Inc. in writing, a list, in such form as the Trustee Depositor or TMS Student Holdings, Inc. may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Certificateholders evidencing not less than 25% of the Certificate Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee will promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such an Event of Default occurs, the Eligible Lender Trustee shall furnish to the Surety Provider, upon its request, a list is as copy of the date more than 90 list of Certificateholders within 5 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every request. Each Certificateholder, by receiving and holding a CertificateTrust Certificate or Originators' Interest, agrees with as the Sellercase may be, shall be deemed to have agreed not to hold any of the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 2 contracts

Samples: Trust Agreement (Classnotes Inc), Trust Agreement (Transworld Insurance Co)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders holders of each Class the Trust Certificates as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") holders of the Trust Certificates or one or more holders of the Trust Certificates evidencing not less than 25% of the Certificate Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders holders of the Trust Certificates with respect to their rights under this Trust Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the Trustee. If such a list is as holders of the date more than 90 days prior to the date of Trust Certificates. Upon receipt of any such applicants' request and the Trustee is not the Certificate Registrarapplication, the Eligible Lender Trustee shall will promptly request from notify the Certificate Registrar Depositor by providing a current copy of such application and a copy of the list as provided of the holders of the Trust Certificates produced in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholderresponse thereto. Each holder of the Trust Certificates, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 2 contracts

Samples: Trust Agreement (Key Bank Usa National Association), Trust Agreement (Mellon Bank N A)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee Trust Administrator is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Administrator, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Trust Administrator in writing, a list, in such form as the Trustee Trust Administrator may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeTrust Administrator, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Trust Administrator shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrust Administrator. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee Trust Administrator is not the Certificate Registrar, the Trustee Trust Administrator shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Trust Administrator nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1999-6), Pooling and Servicing Agreement (Norwest Asset Securities Corp Mor Pas Th Cert Ser 1999-9)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, the Paying Agent and the Initial Beneficiary, within 15 fifteen (15) days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingServicer, the Paying Agent or the Initial Beneficiary, a list, in such form as the Trustee Servicer or the Initial Beneficiary may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. . The Certificate Registrar shall also furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If (a) three (3) or more Certificateholders or (b) If five one or more Certificateholders (hereinafter referred to as "applicants") evidencing not less than 25% of the Percentage Interest apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application and written direction from the Administrator is accompanied by a copy of the communication which that such applicants propose to transmit, then the Trustee Certificate Registrar shall, within five (5) Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerInitial Beneficiary, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section 3.8.

Appears in 2 contracts

Samples: Trust Agreement (Huntington Funding, LLC), Trust Agreement (Huntington Auto Trust 2012-1)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall and Transfer Agent will furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar Paying Agent, the Sponsor, and the [Master Administrator] promptly upon request therefor from any of a request by the Trustee them in writing, a list, in such form as the Trustee may reasonably require, list of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five . Upon written application by Investor Certificateholders with an aggregate Percentage of 10% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states Trustee stating that the applicants Applicants desire to communicate with other Investor Certificateholders with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Investor Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar and Transfer Agent a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a an Investor Certificate, agrees with the SellerCertificate Registrar and Transfer Agent and the Trustee that none of the Sponsor, the [Master ServicerAdministrator], the Paying Agent, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Transfer Agent nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Acc Consumer Finance Corp), Pooling and Servicing Agreement (Advanta Auto Finance Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Certificateholders evidencing not less than 25% of the Certificate Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee will promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 2 contracts

Samples: Trust Agreement (Signet Student Loan Trusts), Trust Agreement (First Union Student Loan Trust 1997-1)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause instruct the Transfer Agent and Registrar to be furnished furnish to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Certificateholders Certificateholders. If Holders of each Class as Investor Certificates of any Series or Holders representing Undivided Interests in the Trust aggregating not less than 5% of the most recent Record Date. Invested Amount of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that ----------- the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been indemnified to its reasonable satisfaction by such Applicants for its costs and expenses, shall afford or shall instruct the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 30 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, Certificateholder agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Safeguard Scientifics Inc Et Al), Pooling and Servicing Agreement (Compucom Systems Inc)

Access to List of Certificateholders' Names and Addresses. (a) 1. If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) 2. If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) 3. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1999-5), Pooling and Servicing Agreement (Norwest Integrated Structured Assets Inc Series 1999-1 Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to NAFCO, the TrusteeAdministrator or the Paying Agent, within 15 days two Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Administrator or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Administrator or the Paying Agent may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. . If any Holder or group of Holders of the Certificates in any Series evidencing not less than 10% of the aggregate unpaid principal amount of such Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicant") apply applies in writing to the Trustee, and such application states that the applicants desire Applicant desires to communicate with other Certificateholders with respect to their rights under this Agreement Agreement, any Supplement or under the Certificates and is accompanied by a copy of the communication which such applicants propose Applicant proposes to transmit, then the Trustee shallTrustee, within five Business Days following after having been indemnified to its reasonable satisfaction by the receipt of such applicationApplicant for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such applicants Applicant access during normal business hours to the most recent list of Certificateholders held by the Trustee, within five Business Days after the receipt of such application and indemnification. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicant's request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, NAFCO, the Certificate Registrar Administrator nor the Trustee any of their respective agents, shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 2 contracts

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

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Invested Amount of the Investor Certificates of any Series (bthe “Applicants”) If five or more Certificateholders (hereinafter referred to as "applicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicants’ request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent (or any agent thereof), within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such the form as maintained by the Trustee may reasonably requireTrustee, of the names and addresses of the Investor Certificateholders of each Class as (other than Bearer Certificateholders). If Holders representing Undivided Interests in the Trust aggregating not less than 10% of the most recent Record Date. Investor Amount of the Investor Certificates of such Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of such Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, and having given the receipt Servicer notice that such request has been made together with copies of such applicationapplications and proposed communications to Investor Certificateholders, shall afford or shall cause the Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Investor Certificateholders (other than Bearer Certificateholders) held by the Trustee, or shall mail or cause to be mailed such list within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, Certificate agrees with the SellerTrustee that none of the Trustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar and the Trustee that neither the SellerTransferor, the Master ServicerServicer or the Sellers, the Certificate Registrar nor the Trustee any of their respective agents or representatives shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Investor Certificateholders (other than Bearer Certificateholders) hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 2 contracts

Samples: Master Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Master Pooling and Servicing Agreement (Proffitts Credit Card Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent or the Depositor, as the case may be, within 15 days after its receipt by the Certificate Registrar of a request by therefor from the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor in writing, a list, in such form as the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If five three or more Certificateholders or one or more Holders of Certificates evidencing, in the aggregate, not less 8 (hereinafter referred to as "applicants"Nissan 2015-B Amended & Restated Trust Agreement) than 25% of the Certificate Balance apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the SellerDepositor, the Master Servicer, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section 3.06.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables Corp Ii)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar The Depositor shall furnish or cause to be furnished to the TrusteeTrustee not more than five (5) days before each Distribution Date, within 15 days after receipt by the Certificate Registrar of a request by and at such other times as the Trustee may request in writing, a list, in such form as the Trustee may reasonably require, to the extent such information is in the possession or control of the Depositor or any of its Paying Agents, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to ; provided, however, that so long as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shallis the Certificate Registrar, within five Business Days following the receipt of such application, afford such applicants access during normal business hours list shall not be required to the most recent list of Certificateholders held by be furnished to the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, upon written request by the Depositor, the Trustee shall promptly request from furnish or cause to be furnished to the Certificate Registrar Depositor, within fifteen (15) days after receipt of such request, a current list list, in such form as provided in paragraph (a) hereofthe Depositor may reasonably require, of the names and shall afford such applicants access to such list promptly upon receipt. (c) Every addresses of the Certificateholders as of the most recent Record Date. Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Certificate Registrar and Depositor or the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. (b) For purposes of determining the identity of Certificateholders entitled to vote or in connection with any notice or other communication to be provided to Certificateholders pursuant to the Series Trust Agreement by the Trustee with respect to any consent or other action to be taken by Certificateholders, the Trustee shall establish a record date for such consent or other action and, if any Certificates are held as Book-Entry Certificates, give DTC notice of such record date not less than fifteen (15) calendar days in advance of such record date to the extent possible. Such record date shall be the later of thirty (30) days prior to the first solicitation of such consent or other action and the date of the most recent list of Certificateholders furnished to the Trustee pursuant to Section 3.7(a).

Appears in 2 contracts

Samples: Trust Agreement (Corporate Asset Backed Corp), Trust Agreement (Corporate Asset Backed Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent or the Depositor, as the case may be, within 15 days after its receipt by the Certificate Registrar of a request by therefor from the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor in writing, a list, in such form as the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If five three or more Certificateholders or one or more Holders of Certificates evidencing, in the aggregate, not less 8 (hereinafter referred to as "applicants"Nissan 2015-C Amended & Restated Trust Agreement) than 25% of the Certificate Balance apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the SellerDepositor, the Master Servicer, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section 3.06.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Owner Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Servicer, the Indenture Trustee, the Paying Agent and the Depositor, within 15 fifteen (15) days after receipt by the Certificate Registrar Owner Trustee of a written request by therefor from the Trustee in writingServicer, the Indenture Trustee, the Paying Agent or the Depositor, a list, in such form as the Trustee Servicer, the Indenture Trustee, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. . The Certificate Registrar shall also furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If (bi) If five three (3) or more Certificateholders or (hereinafter referred to as "applicants"ii) one (1) or more Certificateholders evidencing not less than 25% of the Percentage Interests in the Certificates apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five (5) Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section 3.07.

Appears in 2 contracts

Samples: Trust Agreement (GS Auto Loan Trust 2005-1), Trust Agreement (GS Auto Loan Trust 2006-1)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Trust Depositor and the Servicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee or the Certificateholder in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Class A Certificateholders or Class B Certificateholders with aggregate Fractional Interests representing 25% or more Certificateholders of the Class A Certificate Balance or Class B Certificate Balance, respectively, (hereinafter referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerTrust Depositor, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.Certificateholders

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Harley Davidson Customer Funding Corp), Pooling and Servicing Agreement (Eaglemark Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent or the Depositor, as the case may be, within 15 days after its receipt by the Certificate Registrar of a request by therefor from the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor in writing, a list, in such form as the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Holders of Certificates evidencing, in the aggregate, not less than 25% of the Certificate Balance apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this 10 (NAROT 2023-B Amended & Restated Trust Agreement) Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the SellerDepositor, the Master Servicer, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section 3.06.

Appears in 2 contracts

Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent (or any agent thereof), within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such the form as maintained by the Trustee may reasonably requireTrustee, of the names and addresses of the Investor Certificateholders of each Class as (other than Bearer Certificateholders). If Holders representing Undivided Interests in the Trust aggregating not less than 10% of the most recent Record Date. Invested Amount of the Investor Certificates of such Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of such Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to either afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders (other than Bearer Certificateholders) held by the Trustee, or mail or cause to be mailed such list within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, Certificate agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders Certificateholder (other than Bearer Certificateholders) hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 1 contract

Samples: Master Pooling and Servicing Agreement (American Express Credit Account Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Depositor and the Servicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee or the Certificateholder in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five . If, at such time, if any, as Definitive Certificates have been issued, Certificateholders with aggregate Fractional Interests representing 25% or more Certificateholders of the Issuer, (hereinafter referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerDepositor, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dealer Auto Receivables Corp)

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests representing 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants 117 Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerOriginator, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Master Servicer and the Company within 15 days five Business Days after receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, the Master Servicer or the Company, in writing, a list, in such form as the Trustee Trustee, the Master Servicer or the Company may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests aggregating 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 ninety (90) days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the SellerCertificate Registrar and the Trustee that none of the Company, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Home Equity Loan Trust 1997-1)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingServicer, a list, in such form as the Trustee Servicer may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders or holders of Investor Certificates evidencing not less than 25% of the aggregate Percentage Interests of any Class (hereinafter referred to as "applicantsApplicants") apply in writing to the Securitization Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders with respect to their rights under this Securitization Trust Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants Applicants propose to transmit, then the Securitization Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access Applicants access, during normal business hours hours, to the most recent current list of Certificateholders held by the TrusteeInvestor Certificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Servicer and the Securitization Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Servicer nor the Securitization Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunderunder the Agreement, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Securitization Trust Agreement (Toyota Auto Lease Trust 1997-A)

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Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar The Depositor shall furnish or cause to be furnished to the TrusteeTrustee and the Indenture Trustee not more than five (5) days before each Distribution Date, within 15 days after receipt by the Certificate Registrar of a request by and at such other times as the Trustee or the Indenture Trustee may request in writing, a list, in such form as the Trustee or the Indenture Trustee may reasonably require, to the extent such information is in the possession or control of the Depositor or any of its Paying Agents, of the names and addresses of the Certificateholders as of the most recent Record Date; provided, however, that so long as the Trustee is the Certificate Registrar, such list shall only be required to be furnished to the Indenture Trustee. If the Trustee is the Certificate Registrar, upon written request by the Depositor, the Trustee shall furnish or cause to be furnished to the Depositor, within fifteen (15) days after receipt of such request, a list, in such form as the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Certificate Registrar and Depositor or the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. For purposes of any and all distributions to be made by the Indenture Trustee under the Indenture, the Indenture Trustee may assume EXHIBIT 4.5 that the Certificateholders are those Persons who last were identified to it as Certificateholders by the Certificate Registrar. (b) For purposes of determining the identity of Certificateholders entitled to vote or in connection with any notice or other communication to be provided to Certificateholders pursuant to the Series Trust Agreement by the Trustee with respect to any consent or other action to be taken by Certificateholders, the Trustee shall establish a record date for such consent or other action and, if any Certificates are held as Book-Entry Certificates, give DTC notice of such record date not less than fifteen (15) calendar days in advance of such record date to the extent possible. Such record date shall be the later of thirty (30) days prior to the first solicitation of such consent or other action and the date of the most recent list of Certificateholders furnished to the Trustee pursuant to Section 3.7(a).

Appears in 1 contract

Samples: Series Trust Agreement (Corporate Asset Backed Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to JCPR or the TrusteePaying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from JCPR or the Trustee Paying Agent, respectively, in writing, a list, list in such form as the Trustee JCPR or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. If Holders of Investor Certificates (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") evidencing Undivided Interests aggregating not less than 5% of the Aggregate Investor Amount apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JCP Receivables Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as the Certificate RegistrarRegistrar and at any time requests the Certificate Registrar in writing to provide a list of the names and addresses of Certificateholders of the Trust Fund, the Certificate Registrar shall will furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by request, such list as of the Trustee in writingmost recent Record Date, a list, in if such form as the Trustee may reasonably require. If three or more Certificateholders: (a) request such information in writing from the Trustee, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more state that such Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by (c) provide a copy of the communication which such applicants Certificateholders propose to transmit, then the Trustee shall, within five ten Business Days following after the receipt of such applicationrequest, afford such applicants Certificateholders access during normal business hours to the most recent Record Date list of the Certificateholders held by the Trustee, if any. If such a Record Date list is as of the a date more than 90 days prior to the date of receipt of such applicantsCertificateholders' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from for the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants Certificateholders access to such list promptly upon receipt. (c) its receipt by the Trustee. The expense of providing any such information requested by a Certificate shall be borne by the Certificateholders requesting such information and shall not be borne by the Trustee or the Certificate Registrar. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredwad derived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders, or one or more Certificateholders (hereinafter referred to as "applicants") evidencing not less than 25% of the Certificate Balance, apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee will promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Trust Agreement (Nellie Mae Education Loan Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Investor Interest of the Investor Certificates of any Series (bthe “Applicants”) If five or more Certificateholders (hereinafter referred to as "applicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee or the Transfer Agent and Registrar and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicants’ request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall and at any time requests the Depositor or the Certificate Registrar in writing to provide a list of the names and addresses of Certificateholders, the Depositor will furnish or (if the Certificate Registrar is not the Depositor) cause the Certificate Registrar to be furnished furnish to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by request, such list as of the Trustee in writing, a listmost recent Record Date, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants"i) apply request such information in writing to from the Trustee, and (ii) state that such application states that the applicants Certificateholders desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by (iii) provide a copy of the communication which such applicants Certificateholders propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such applicationrequest, afford such applicants Certificateholders access during normal business hours to the most recent list of Certificateholders held by the Trustee, if any. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsCertificateholders' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Depositor or the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants Certificateholders access to such list promptly upon receipt. (c) its receipt by the Trustee. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master ServicerDepositor, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citifinancial Mortgage Securities Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Servicer and the Company within 15 days five Business Days after receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, the Servicer or the Company, in writing, a list, in such form as the Trustee Trustee, the Servicer or the Company may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests aggregating 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 ninety (90) days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the SellerCompany, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Securitization Corp Ii)

Access to List of Certificateholders' Names and Addresses. (a) If the The --------------------------------------------------------- Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause instruct the Transfer Agent and Registrar to be furnished furnish to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Certificateholders Certificateholders. If Holders of each Class as Investor Certificates of any Series or Holders representing Undivided Interests in the Trust aggregating not less than 5% of the most recent Record Date. Invested Amount of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that ---------- the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been indemnified to its reasonable satisfaction by such Applicants for its costs and expenses, shall afford or shall instruct the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 30 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, Certificateholder agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Compucom Systems Inc)

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests representing 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the 106 receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Origen Residential Securities, Inc.)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, Depositor within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Certificateholders evidencing not less than 25% of the Percentage Interests apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee will promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Certificate, agrees with Certificate shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Trust Agreement (Crestar Securitization LLC)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to Transferor, Servicer, Seller or the TrusteePaying Agent, within 15 days two Business Days after receipt by the Certificate Registrar Trustee of a written request by the Trustee in writingtherefor, a list, list in such the form as the Trustee requesting Person may reasonably require, require of the names and addresses of the Certificateholders of each Class as of the most recent Record Distribution Date. . If any Holder or group of Holders of Investor Certificates in any Series evidencing not less than 10% of the aggregate unpaid principal amount of the Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicant") apply applies in writing to the Trustee, and such the application states that the applicants desire Applicant desires to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose that the Applicant proposes to transmit, then Trustee, after having been adequately indemnified by the Trustee shallApplicant for its costs and expenses, within five Business Days following shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants the Applicant access during normal business hours to the most recent list of Certificateholders held by Trustee, within five Business Days after the Trusteereceipt of the application and indemnification. If such a The list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicant's request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master Transfer Agent and Registrar, Transferor, Servicer, the Certificate Registrar Seller nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source sources from which such the information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Healthcare Financial Partners Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Trust Depositor, the Back-up Servicer and the Servicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee or the Certificateholder in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Class A Certificateholders or Class B Certificateholders with aggregate Fractional Interests representing 25% or more Certificateholders of the Class A Certificate Balance or Class B Certificate Balance, respectively, (hereinafter referred to as "applicantsAPPLICANTS") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerTrust Depositor, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eaglemark Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Norwest Asset Sec Corp Mort Pass THR Cert Ser 1999-4 Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee Trust Administrator is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Administrator, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Trust Administrator in writing, a list, in such form as the Trustee Trust Administrator may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeTrust Administrator, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Trust Administrator shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrust Administrator. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee Trust Administrator is not the Certificate Registrar, the Trustee Trust Administrator shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee Trust Administrator that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee Trust Administrator shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Norwest Integrated Structured Ass Inc Mort Ass Back Pass THR)

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates representing, in the aggregate, 25% or more Certificateholders of the Aggregate Certificate Principal Balance apply in writing to the Trustee (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee), and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates or the Class C Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate or a Class C Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master ServicerOriginator, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer or (unless an Insurer Default shall have occurred and be continuing) the Security Insurer, within 15 10 days after receipt by the Certificate Registrar Trustee of a written request by the Trustee in writingtherefor from such party, a list, in such form as the Trustee such party may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) Accounting Date for payment of distributions to Certificateholders. If five three or more Certificateholders, or one or more Certificateholders evidencing not less than 25% of the Class A Certificate Balance and the Class B Certificate Balance (disregarding any Class B Certificate held by AmeriCredit or any Affiliate thereof) (hereinafter referred to as "applicantsApplicants") ), apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders of such Class with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which that such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access Applicants access, during normal business hours hours, to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar Servicer and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Servicer nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunderunder this Agreement, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Americredit Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The --------------------------------------------------------- Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. If Holders of Investor Certificates (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") evidencing Undivided Interests aggregating not ---------- less than 10% of the Investor Amount of the Investor Certificates of any Series apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by the receipt of such applicationSeller for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Consumers Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Owner Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrust Collateral Agent, the Servicer or the Seller and, prior to the Class A Termination Date, the Class A Insurer and the Swap Counterparty, within 15 days after receipt by the Certificate Registrar Owner Trustee of a request by the Trustee therefor from such Person in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") Holders of Certificates or one or more Holders of Certificates evidencing not less than 25% of the Certificate Interest apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerClass A Insurer, the Master ServicerSwap Counterparty, the Certificate Registrar nor Trust Collateral Agent or the Owner Trustee shall be held or any agent thereof accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Trust Agreement (Credit Acceptance Corporation)

Access to List of Certificateholders' Names and Addresses. (a) If The Registrar will furnish to the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after following receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. available date. The Trustee shall be fully protected in relying on such list as may be provided to it by the Registrar. If any Certificateholder (bthe “Applicant”) If five or more Certificateholders (hereinafter referred to as "applicants") apply applies in writing to the Trustee, and such application states that the applicants desire Applicant desires to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmitTrust Agreement, then the Trustee shallTrustee, within five (5) Business Days following after the receipt of such application, shall afford such applicants Applicant access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 ninety (90) days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate RegistrarApplicant’s request, the Trustee promptly shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicant access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding acceptance of a Series Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests addresses, beneficial interests, or other information of the Certificateholders hereunder, regardless of the source from which such information was delivered.derived.‌

Appears in 1 contract

Samples: Trust Agreement

Access to List of Certificateholders' Names and Addresses. (a) If The Certificate Registrar will furnish to the Trustee is not acting as Certificate Registrar, and the Certificate Registrar shall furnish or cause to be furnished to the TrusteeServicer, within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates evidencing, as to any Class, Percentage Interests representing 25% or more Certificateholders (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither none of the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Origen Manufactured Housng CNT Sen/Sub as-BCK CRT Sr 2002-A)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause instruct the Transfer Agent and Registrar to be furnished furnish to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Certificateholders Certificateholders. If three or more Holders of each Class as Investor Certificates of any Series or holders representing Undivided Interests in the Trust aggregating not less than 5% of the most recent Record Date. Invested Amount of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been indemnified to its satisfaction by such Applicants for its costs and expenses, shall afford or shall instruct the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee, within five Business Days after the receipt of such application and indemnification. If such a Such list is shall be as of the a date no more than 90 30 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, Certificateholder agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source sources from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Funding Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as the Certificate Registrar, and the Trustee at any time requests the Certificate Registrar in writing to provide a list of the names and addresses of Certificateholders of the Trust Fund, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeTrustee monthly not more than five days after each Record Date, as of such Record Date, or at such other times as the Trustee may request in writing within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writingsuch request, a list, in such form and as of such date as the Trustee may reasonably require, containing all the information in the possession or control of the Certificate Registrar, as to the names and addresses of the Certificateholders of each Class as and the amount of the most recent Record Date. (b) Certificates held by such Certificateholders. If five three or more Certificateholders (hereinafter referred to as "applicants"i) apply request such information in writing to from the Trustee, and (ii) state that such application states that the applicants Certificateholders desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by (iii) provide a copy of the communication which such applicants Certificateholders propose to transmit, then the Trustee shall, within five ten Business Days following after the receipt of such applicationrequest, afford such applicants Certificateholders access during normal business hours to the most recent Record Date list of the Certificateholders held by the Trustee, if any. If such a Record Date list is as of the a date more than 90 days prior 116 to the date of receipt of such applicantsCertificateholders' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants Certificateholders access to such list promptly upon receipt. (c) Every its receipt by the Trustee. The expense of providing any such information requested by such Certificateholders shall be borne by such Certificateholders and shall not be borne by the Trustee or the Certificate Registrar. Each Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Mills Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the Trustee, within 15 days after receipt by the Certificate Registrar of a request by the Trustee in writing, a list, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class or Subclass as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph Paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Norwest Asset Securities Corp Mort Pass THR Cert Ser 1996-2)

Access to List of Certificateholders' Names and Addresses. The Certificate Registrar will furnish to the Trustee (a) If if the --------- Trustee is not acting as the Certificate Registrar), the Certificate Registrar shall furnish or cause to be furnished to Company and the Trustee, Servicer within 15 five days after receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, the Company or the Servicer in writing, a list, in such form as the Trustee Trustee, the Company or the Servicer reasonably may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five Holders of Certificates of any Class evidencing, as to such Class, aggregate Percentage Interests of 25% or more Certificateholders (hereinafter referred to as the "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders of such Class with respect to their rights under this Agreement or under the Certificates of such Class and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after the receipt of such application, shall afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders of such Class held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee promptly shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar Registrar, the Company nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Pass Throu Cert Ser 1998b)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. If Holders of Investor Certificates (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") evidencing Undivided Interests aggregating not less than 10% of the Investor Amount of the Investor Certificates of any Series apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by the receipt of such applicationSeller for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Spiegel Credit Corp Iii)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, Holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Invested Amount of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bally Total Fitness Holding Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Investor Interest of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Applicant's request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master Servicer, the Certificate Transfer Agent and Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. If Holders of Investor Certificates (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") evidencing Undivided Interests aggregating not ---------- less than 10% of the Investor Amount of the Investor Certificates of any Series apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by the receipt of such applicationSeller for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Consumers Master Trust)

Access to List of Certificateholders' Names and Addresses. (a) If the The Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to the TrusteeServicer or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from the Trustee Servicer or the Paying Agent, respectively, in writing, a list, list in such form as the Trustee Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Investor Certificateholders. Unless otherwise provided in the related Supplement, holders of Investor Certificates evidencing Undivided Interests aggregating not less than 10% of the Investor Interest of the Investor Certificates of any Series (b) If five or more Certificateholders (hereinafter referred to as the "applicantsApplicants") ---------- may apply in writing to the Trustee, and if such application states that the applicants Applicants desire to communicate with other Investor Certificateholders of any Series with respect to their rights under this Agreement or under the Investor Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shallTrustee, within five Business Days following after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the TrusteeTrustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) request. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent or the Depositor, as the case may be, within 15 days after its receipt by the Certificate Registrar of a request by therefor from the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor in writing, a list, in such form as the Trustee Owner Trustee, the Servicer, the Paying Agent or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Holders of Certificates evidencing, in the aggregate, not less than 25% of the Certificate Balance apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every CertificateholderEach Holder, by receiving and holding a Certificate, agrees with shall be deemed to have agreed not to hold any of the SellerDepositor, the Master Servicer, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated this Section 3.06.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall will furnish or cause to be furnished by the Transfer Agent and Registrar to Servicer, the TrusteeControlling Party or the Paying Agent, within 15 days five Business Days after receipt by the Certificate Registrar Trustee of a request by therefor from Servicer, the Trustee Controlling Party or the Paying Agent, respectively, in writing, a list, list in such form as Servicer, the Trustee Controlling Party or the Paying Agent may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. Date for payment of distributions to Certificateholders. If Holders of Certificates (b) If five or more Certificateholders (hereinafter referred to as collectively, the "applicantsApplicants") evidencing not less ---------- than 10% of the Class A Certificate Investor Interest and not less than 10% of the Class B Certificate Investor Interest apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then Trustee, after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the Trustee shall, within five Business Days following the receipt of such application, Transfer Agent and Registrar to afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by Trustee and shall give Servicer and the TrusteeControlling Party notice that such request has been made, within five Business Days after the receipt of such application. If such a Such list is shall be as of the a date no more than 90 45 days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) requests. Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the SellerTrustee, the Master ServicerTransfer Agent and Registrar, the Certificate Registrar nor the Trustee any of their respective agents shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredobtained.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Rockford Industries Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the Certificate Registrar shall and at any time requests the Depositor or the Certificate Registrar in writing to provide a list of the names and addresses of Certificateholders, the Depositor will furnish or (if the Certificate Registrar is not the Depositor) cause the Certificate Registrar to be furnished furnish to the Trustee, within 15 days five Business Days after receipt by the Certificate Registrar of a request by request, such list as of the Trustee in writing, a listmost recent Record Date, in such form as the Trustee may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants"i) apply request such information in writing to from the Trustee, and (ii) state that such application states that the applicants Certificateholders desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by (iii) provide a copy of the communication which such applicants Certificateholders propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such applicationrequest, afford such applicants Certificateholders access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate RegistrarCertificateholders’ request, the Trustee shall promptly request from the Depositor or the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants Certificateholders access to such list promptly upon receipt. (c) its receipt by the Trustee. Every Certificateholder, by receiving and holding a Certificate, agrees with that none of the Seller, the Master ServicerDepositor, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests list of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citicorp Residential Mortgage Securities, Inc.)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the Trustee, the Master Servicer and the Company within 15 days five Business Days after receipt by the Certificate Registrar of a request by therefor from the Trustee Trustee, the Master Servicer or the Company, in writing, a list, in such form as the Trustee Trustee, the Master Servicer or the Company may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders Holders of Certificates or Holders of Certificates evidencing, as to any Class, Percentage Interests aggregating 25% or more (hereinafter referred to as "applicantsApplicants") apply in writing to the Trustee, and such application states that the applicants Applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants Applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants Applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 ninety (90) days prior to the date of receipt of such applicantsApplicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants Applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the SellerCertificate Registrar and the Trustee that none of the Company, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor or the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Securitization Corp Iii)

Access to List of Certificateholders' Names and Addresses. (a) If the The --------------------------------------------------------- Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Certificateholders evidencing not less than 25% of the Certificate Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee shall promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Trust Agreement (SLM Funding Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the TrusteeCompany, within 15 days after receipt by the Certificate Registrar of a request by therefor from the Trustee Company in writing, a list, in such form as the Trustee Company may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) Date for payment of distributions to Certificateholders. If five three or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such 101 applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the The Eligible Lender Trustee is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteeDepositor, within 15 days after receipt by the Certificate Registrar Eligible Lender Trustee of a request by therefor from the Trustee Depositor in writing, a list, in such form as the Trustee Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) . If five three or more Certificateholders (hereinafter referred to as "applicants") or one or more Certificateholders evidencing not less than 25% of the Certificate Principal Balance apply in writing to the Eligible Lender Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Eligible Lender Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders. Upon receipt of any such application, the Eligible Lender Trustee shall promptly notify the Depositor by providing a copy of such application and a copy of the list of Certificateholders held by the Trusteeproduced in response thereto. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Eligible Lender Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Trust Agreement (SLM Funding Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall will furnish or cause to be furnished to the TrusteeCompany, within 15 days after receipt by the Certificate Registrar of a request by therefor from the Trustee Company in writing, a list, in such form as the Trustee Company may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) Date for payment of distributions to Certificateholders. If five three or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this 92 Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the a date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrarrequest, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereofabove, and shall afford such applicants access to such list promptly upon receipt. (c) . Every Certificateholder, by receiving and holding a Certificate, agrees with the Seller, the Master Servicer, the Certificate Registrar and the Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, names and addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was deliveredderived.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ge Capital Mortgage Services Inc)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee Paying Agent is not acting as Certificate Registrar, the Certificate Registrar shall furnish or cause to be furnished to the TrusteePaying Agent, within 15 days after receipt by the Certificate Registrar of a request by the Trustee Paying Agent in writing, a list, in such form as the Trustee Paying Agent may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. (b) If five or more Certificateholders (hereinafter referred to as "applicants") apply in writing to the TrusteeCertificate Registrar, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Certificates and is accompanied by a copy of the communication which such applicants propose to transmit, then the Trustee Certificate Registrar shall, within five Business Days following the receipt of such application, afford such applicants access during normal business hours to the most recent list of Certificateholders held by the Trustee. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Certificateholder, by receiving and holding a Certificate, agrees with the SellerDepositor, the Master ServicerSecurities Administrator, the Certificate Registrar Registrar, the Paying Agent and the Trustee that neither the SellerDepositor, the Master ServicerSecurities Administrator, the Certificate Registrar Registrar, the Paying Agent nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses and Percentage Interests of the Certificateholders hereunder, regardless of the source from which such information was delivered.

Appears in 1 contract

Samples: Trust Agreement (Wells Fargo Asset Securities Corp)

Access to List of Certificateholders' Names and Addresses. (a) If the Trustee is not acting as Certificate Registrar, the The Certificate Registrar shall furnish or cause to be furnished to the Owner Trustee, the Servicer, the Paying Agent and the Depositor, within 15 days after receipt by the Certificate Registrar of a written request by therefor from the Trustee in writingOwner Trustee, the Servicer, the Paying Agent or the Depositor, a list, in such form as the Trustee Servicer or the Depositor may reasonably require, of the names and addresses of the Certificateholders of each Class as of the most recent Record Date. . The Certificate Registrar shall also promptly furnish to the Owner Trustee and the Paying Agent a copy of such list at any time there is a change therein. If (a) three or more Certificateholders or (b) If five one or more Certificateholders (hereinafter referred to as "applicants") Holders of Trust Certificates evidencing not less than 50% of the Certificate Percentage Interests apply in writing to the Owner Trustee, and such application states that the applicants desire to communicate with other Certificateholders with respect to their rights under this Agreement or under the Trust Certificates and such application is accompanied by a copy of the communication which that such applicants propose to transmit, then the Owner Trustee shall, within five Business Days following after the receipt of such application, afford such applicants access during normal business hours to the most recent current list of Certificateholders held by the TrusteeCertificateholders. If such a list is as of the date more than 90 days prior to the date of receipt of such applicants' request and the Trustee is not the Certificate Registrar, the Trustee shall promptly request from the Certificate Registrar a current list as provided in paragraph (a) hereof, and shall afford such applicants access to such list promptly upon receipt. (c) Every Each Certificateholder, by receiving and holding a Trust Certificate, agrees with shall be deemed to have agreed not to hold any of the Seller, the Master ServicerDepositor, the Certificate Registrar and or the Owner Trustee that neither the Seller, the Master Servicer, the Certificate Registrar nor the Trustee shall be held accountable by reason of the disclosure of any such information as to the names, addresses its name and Percentage Interests of the Certificateholders hereunderaddress, regardless of the source from which such information was delivered.derived. The Certificate Registrar shall upon the request of the Owner Trustee provide such list, or access to such list, of Certificateholders as contemplated by this Section. 10 (2015-C Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2015-C)

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