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 Trust without the prior approval of the Certificateholders and the delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 6 contracts

Samples: Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C)

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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 Trust without the prior approval of the Certificateholders Certificateholder and the delivery to the Owner Trustee by each the Certificateholder of a certificate certifying that such the Certificateholder reasonably believes that the Trust is insolvent.

Appears in 6 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2005-A), Trust Agreement (Caterpillar Financial Asset Trust 2006-A)

Action by Certificateholder with Respect to Bankruptcy. The Neither the Owner Trustee, the Co-Owner Trustee nor the Trust Eligible Lender Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Trust, if otherwise permitted by applicable law, without the prior approval of the Certificateholders Certificateholder and the delivery to the Owner Trustee and the Co-Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 6 contracts

Samples: Trust Agreement (Education Capital I LLC), Trust Agreement (Education Capital I LLC), Trust Agreement (Education Capital I LLC)

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Action by Certificateholder with Respect to Bankruptcy. The Neither the Owner Trustee, nor the Trust Eligible Lender Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Trust, if otherwise permitted by applicable law, without the prior approval of the Certificateholders Certificateholder and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Education Capital I LLC)

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