Access to List of Holders' Names and Addresses. The Trust Agent shall furnish or cause to be furnished to the Depositor, within 15 days after receipt by the Trust Agent of a written request therefor from the Depositor, a list, in such form as the Depositor may reasonably require, of the names and addresses of the Holders as of the most recent Record Date. If one or more Holders of Trust Certificates evidencing not less than 25% of the Percentage Interests of the Trust Certificates (hereinafter referred to as "APPLICANTS"), apply in writing to the Trust Agent, and such application states that the Applicants desire to communicate with other Holders with respect to their rights hereunder or under the Trust Certificates and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Trust Agent shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Holders. Each Holder, by receiving and holding a Trust Certificate, agrees with the Depositor, the Owner Trustee and the Trust Agent that none of the Depositor, the Owner Trustee or the Trust Agent shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.
Appears in 3 contracts
Samples: Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp)
Access to List of Holders' Names and Addresses. The Trust Agent Trustee shall furnish or cause to be furnished by the Transfer Agent and Registrar to Servicer or the DepositorPaying Agent, within 15 days five Business Days after receipt by the Trust Agent Trustee of a written request therefor from Servicer or the DepositorPaying Agent, respectively, in writing, a list, list in such form as Servicer or the Depositor Paying Agent may reasonably require, of the names and addresses of the Investor Holders as of the most recent Record DateDate for payment of distributions to Investor Holders. If one or more Unless otherwise provided in the related Supplement, Holders of Trust the Investor Certificates evidencing Undivided Interests aggregating not less than 2510% of the Percentage Interests Investor Interest of the Trust Investor Certificates of any Series (hereinafter referred to as the "APPLICANTSApplicants"), ) may apply in writing to the Trust AgentTrustee, and if such application states that the Applicants desire to communicate with other Investor Holders of any Series with respect to their rights hereunder under this Agreement or under the Trust Investor Certificates and such application is accompanied by a copy of the communication that which such 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 Trust Transfer Agent shalland Registrar to afford such Applicants access during normal business hours to the most recent list of Holders held by Trustee and shall give Servicer notice that such request has been made, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, . Such list shall be as of a date no more than 45 days prior to the current list date of Holdersreceipt of such Applicants' request. Each Every Holder, by receiving and holding a Trust Certificate, agrees with the DepositorTrustee that neither Trustee, the Owner Trustee Transfer Agent and the Trust Agent that none Registrar, nor any of the Depositor, the Owner Trustee or the Trust Agent their respective agents shall be held accountable by reason of the disclosure of any such information as to its name the names and address addresses of the Holders hereunder, regardless of the source from which such information was derivedobtained.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (Mellon Bank Premium Finance Master Trust)
Access to List of Holders' Names and Addresses. The Trust Agent shall Trustee will furnish or cause to be furnished by the Transfer Agent and Registrar to the DepositorServicer or the Paying Agent, within 15 days five Business Days after receipt by the Trust Agent Trustee of a written request therefor from the DepositorServicer or the Paying Agent, respectively, in writing, a list, list in such form as the Depositor Servicer or the Paying Agent may reasonably require, of the names and addresses of the Holders Noteholders as of the most recent Record DateDate for payment of distributions to Noteholders. If one or more Holders of Trust Certificates evidencing a principal amount of Notes aggregating not less than 2510% of the Percentage Interests Principal Amount of the Trust Certificates Notes of any Series (hereinafter referred to as the "APPLICANTSApplicants"), ) apply in writing to the Trust AgentTrustee, and such application states that the Applicants desire to communicate with other Holders Noteholders of any Series with respect to their rights hereunder under this Agreement or under the Trust Certificates Notes and such application is accompanied by a copy of the communication that which such Applicants propose to transmit, then the Trust Trustee, after having been indemnified to its satisfaction by such Applicants for its costs and expenses, shall afford or shall cause the Transfer Agent shalland Registrar to afford such Applicants access during normal business hours to the most recent list of Noteholders held by the Trustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, . Such list shall be as of a date no more than 45 days prior to the current list date of Holdersreceipt of such Applicants' request. Each HolderEvery Noteholder and the Holder of the Transferor Interest, by receiving and holding a Trust CertificateNote or the Transferor Interest, as the case may be, agrees with that neither the Depositor, Trustee nor the Owner Trustee Transfer Agent and Registrar nor the Trust Agent that none Transferor nor any of the Depositor, the Owner Trustee or the Trust Agent their respective agents shall be held accountable by reason of the disclosure of any such information as to its name the names and address addresses of the Noteholders and the Holder of the Transferor Interest hereunder, regardless of the source from which such information was derivedobtained.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement and Indenture of Trust (American Finance Group Inc /De/), Pooling and Servicing Agreement and Indenture of Trust (PLM International Inc)
Access to List of Holders' Names and Addresses. The Trust Agent Registrar shall furnish or cause to be furnished to the Trustee, the Servicer and the Trust Depositor, within 15 ten (10) days after receipt by the Trust Agent Registrar of a written request therefor from the Trustee, the Servicer or the Trust Depositor, a list, in such form as the Trustee, the Servicer or the Trust Depositor may reasonably require, of the names and addresses of the Holders as of the most recent Record Date. If (i) at any time, three or more Holders of Class A Notes or (ii) at any time, one or more Holders of Trust Certificates Class A Notes evidencing not less than 25% of the Percentage Interests or (iii) at any time after the Class A Target Condition is satisfied, the Holder of the Trust Certificates (hereinafter referred to as "APPLICANTS")Residual Interest Certificate, apply in writing to the Trust AgentRegistrar, and such application states that the Applicants applicants desire to communicate with other Holders with respect to their rights hereunder under this Agreement or under the Trust Certificates Class A Note (or each Class A Note, if there is more than one Class A Note) and such application is accompanied by a copy of the communication that such Applicants applicants propose to transmittransmit to such other Holders, then the Trust Agent Registrar shall, within five (5) Business Days after the its receipt of such application, afford such Applicants access, applicants access during normal business hours, hours to the current list of Holders. Upon receipt of any such application, the Registrar will promptly notify the Trust Depositor by providing a copy of such application and a copy of the list of Holders produced in response thereto. Each Holder, by receiving and holding a Trust Class A Note or Residual Interest Certificate, agrees with shall be deemed to have agreed not to hold any of the Trust Depositor, the Owner Trustee Registrar and the Trust Agent that none of the Depositor, the Owner Trustee or the Trust Agent shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.
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Access to List of Holders' Names and Addresses. The Trust Agent Trustee shall furnish or cause to be furnished by the Transfer Agent and Registrar to the DepositorServicer or the Paying Agent, within 15 days five Business Days after receipt by the Trust Agent Trustee of a written request therefor from the DepositorServicer or the Paying Agent, respectively, in writing, a list, list in such form as the Depositor Servicer or the Paying Agent may reasonably require, of the names and addresses of the Investor Holders as of the most recent Record DateDate for payment of distributions to Investor Holders. If one or more Unless otherwise provided in the related Supplement, Holders of Trust the Investor Certificates evidencing Undivided Interests aggregating not less than 2510% of the Percentage Interests Investor Interest of the Trust Investor Certificates of any Series (hereinafter referred to as the "APPLICANTS"), ) may apply in writing to the Trust AgentTrustee, and if such application states that the Applicants desire to communicate with other Investor Holders of any Series with respect to their rights hereunder under this Agreement or under the Trust Investor Certificates and such application is accompanied by a copy of the communication that which such Applicants propose to transmit, then the Trust Trustee, after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the Transfer Agent shalland Registrar to afford such Applicants access during normal business hours to the most recent list of Holders held by the Trustee and shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, . Such list shall be as of a date no more than 45 days prior to the current list date of Holdersreceipt of such Applicants' request. Each Every Holder, by receiving and holding a Trust Certificate, agrees with the DepositorTrustee that neither the Trustee, the Owner Trustee Transfer Agent and the Trust Agent that none Registrar, nor any of the Depositor, the Owner Trustee or the Trust Agent their respective agents shall be held accountable by reason of the disclosure of any such information as to its name the names and address addresses of the Holders hereunder, regardless of the source from which such information was derivedobtained.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mellon Premium Finance Loan Owner Trust)