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 Certificateholder and the delivery to the Owner Trustee by the Certificateholder of a certificate certifying that 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 Certificateholder and the delivery to the Owner Trustee and the Co-Owner Trustee by the such Certificateholder of a certificate certifying that the 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 Funding Capital Trust I)
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 Certificateholder Certificateholders and the delivery to the Owner Trustee by the each Certificateholder of a certificate certifying that the such Certificateholder reasonably believes that the Trust is insolvent.
Appears in 6 contracts
Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B), Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C)
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 Certificateholder and the delivery to the Owner Trustee by the such Certificateholder of a certificate certifying that the such Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract
