Common use of Action by Certificateholder with Respect to Bankruptcy Clause in Contracts

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 20 contracts

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Vw Credit Leasing LTD)

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Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 10 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2003-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2005-1), Trust Agreement (Volkswagen Auto Lease Underwritten Funding LLC)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount Note Balance of all the Notes has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 7 contracts

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Chase Auto Receivables LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount Note Balance of all the Notes has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent; provided however nothing in this section shall prevent the Owner Trustee from filing a proof of claim in such a bankruptcy proceeding.

Appears in 4 contracts

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero and all amounts owed to the Swap Counterparty under the Transaction documents have been paid without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 3 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2007-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2008-2), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2008-1)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero zero, and without the prior written approval of the Certificateholder Majority Certificateholders and the delivery to the Owner Trustee by the Certificateholder Majority Certificateholders of a certificate certifying that the Certificateholder such Certificateholders reasonably believes believe that the Issuer is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Bank of America Auto Trust 2012-1), Trust Agreement (Bank of America Auto Trust 2012-1)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero zero, and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Bank of America Auto Trust 2010-2), Trust Agreement (Bank of America Auto Trust 2010-2)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero [and all amounts owed to the Swap Counterparty under the Transaction Documents have been paid] without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Bas Securitization LLC), Trust Agreement (Citizens Auto Receivables, LLC)

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Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Action by Certificateholder with Respect to Bankruptcy. The To the fullest extent permitted by law, the Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount Note Balance of all the Notes has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Porsche Auto Funding LLC)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero [and all amounts owed to the Swap Counterparty under the Transaction Documents have been paid], and without the prior written approval of the Certificateholder Majority Certificateholders and the delivery to the Owner Trustee by the Certificateholder Majority Certificateholders of a certificate certifying that the Certificateholder such Certificateholders reasonably believes believe that the Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Bank of America Auto Receivables Securitization, LLC)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Volkswagen Auto Lease Trust 2002-A)

Action by Certificateholder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary Proceeding in bankruptcy relating to the Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero [and all amounts owed to the Swap Counterparty under the Transaction Documents have been paid], and without the prior written approval of the Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that the Certificateholder reasonably believes that the Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Bank of America Auto Receivables Securitization, LLC)

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