Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.
Appears in 118 contracts
Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (CarMax Auto Owner Trust 2024-4), Trust Agreement (Carmax Auto Funding LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certification certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 96 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)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves with the consent of such commencement in writing in advance the Credit Enhancer and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 79 contracts
Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless Issuer without the unanimous prior approval of all Certificateholders (iincluding the Depositor, if the Depositor is a Certificateholder) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 67 contracts
Samples: Trust Agreement (Honda Auto Receivables 2024-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-3 Owner Trust)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the consent of such commencement in writing in advance the Noteholders and delivers the Owner Trustee and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 62 contracts
Samples: Trust Agreement, Trust Agreement (Cwabs Trust 2005-Hyb9), Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-2)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder (other than the Depositor) approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 54 contracts
Samples: Trust Agreement (Usaa Auto Owner Trust 2004-3), Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy Proceeding under any Insolvency Law relating to the Trust Issuer unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 40 contracts
Samples: Trust Agreement (Daimler Trucks Retail Trust 2024-1), Trust Agreement (Daimler Trucks Retail Trust 2024-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2024-1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 37 contracts
Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Textron Financial Corp), Trust Agreement (Home Loan Trust 2006-Hi1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the consent of such commencement in writing in advance the Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 29 contracts
Samples: Trust Agreement (SG Mortgage Securities, LLC), Trust Agreement (BellaVista Finance CORP), Trust Agreement (GMACM Home Equity Loan Trust 2006-He5)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 29 contracts
Samples: Trust Agreement (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Receivables Trust)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the consent of such commencement in writing in advance the Bondholders and delivers the Owner Trustee and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 27 contracts
Samples: Trust Agreement (IMPAC CMB Trust Series 2005-5), Trust Agreement (IMPAC CMB Trust Series 2005-5), Trust Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-4)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer without the unanimous prior approval of all Certificateholders unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.
Appears in 24 contracts
Samples: Trust Agreement (Chase Auto Owner Trust 2005-A), Trust Agreement (JPMorgan Chase Bank, National Association), Trust Agreement (Chase Auto Owner Trust 2005-B)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 22 contracts
Samples: Trust Agreement (GE Capital Credit Card Master Note Trust), Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (CNH Equipment Trust 2005-A)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the consent of such commencement in writing in advance the Bond Insurer, the Bondholders and delivers the Owner Trustee and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 17 contracts
Samples: Trust Agreement (IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-6), Trust Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Trust Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the consent of such commencement in writing in advance the Owner Trustee and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 15 contracts
Samples: Trust Agreement (Bear Stearns ARM Trust 2006-1), Trust Agreement (Bear Stearns ARM Trust 2005-7), Trust Agreement (Bear Stearns ARM Trust 2007-2)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to Issuer until the Trust unless (i) Outstanding Amount of all the Notes have has been paid in full reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 15 contracts
Samples: Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Norwest Auto Receivables Corp), Trust Agreement (Key Consumer Acceptance Corp)
Action by Certificateholders 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 unanimous prior approval of all Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.
Appears in 11 contracts
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.
Appears in 11 contracts
Samples: Trust Agreement (Wachovia Auto Loan Owner Trust 2007-1), Trust Agreement (WDS Receivables LLC), Trust Agreement (Wachovia Auto Owner Trust 2008-A)
Action by Certificateholders 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 in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certification certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 10 contracts
Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the consent of such commencement in writing in advance the Credit Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 9 contracts
Samples: Trust Agreement (GMACM Home Loan Trust 2006-Hltv1), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc)
Action by Certificateholders with Respect to Bankruptcy. The Neither the Trust nor the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.
Appears in 8 contracts
Samples: Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Retail Rec Corp Navistar Fin 04 a Own Tr), Trust Agreement (Navistar Financial Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the prior written consent of such commencement in writing in advance the Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 8 contracts
Samples: Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 7 contracts
Samples: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (GMACM Mortgage Loan Trust 2004-Gh1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the Note Insurer and the consent of such commencement in writing in advance the Owner Trustee and delivers the delivery to the Owner Trustee by each such Certificateholder and the Note Insurer of a certificate certifying that such Person Certificateholder and the Note Insurer reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 7 contracts
Samples: Trust Agreement (SACO I Trust 2006-1), Trust Agreement (Bear Stearns Second Lien Trust 2007-1), Trust Agreement (SACO I Trust 2006-8)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, the Bondholders and (ii) each Certificateholder approves of such commencement in writing in advance the Owner Trustee and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 7 contracts
Samples: Trust Agreement (Impac CMB Trust Series 2005-8), Trust Agreement (Impac Secured Assets Corp), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-9f)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Certificateholders and with the consent of the Credit Enhancer (iso long as no Credit Enhancer Default has occurred and is continuing) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 6 contracts
Samples: Trust Agreement (Home Loan Trust 2007-Hi1), Trust Agreement (Home Loan Trust 2006-Hi2), Trust Agreement (Home Loan Trust 2006-Hi5)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full and (ii) prior written consent of each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.
Appears in 5 contracts
Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Auto Trust 2005-1), Trust Agreement (Franklin Auto Trust 2006-1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) the Insurer, if no Insurer Default shall have occurred and be continuing, or, if an Insurer Default shall have occurred and be continuing, each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.
Appears in 4 contracts
Samples: Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (Pooled Auto Securities Shelf LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Certificateholders (iincluding the Seller) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent; provided, however, that under no circumstances shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is one year and one day after the termination of the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Capital Auto Receivables Inc), Trust Agreement (Capital Auto Receivables Inc), Trust Agreement (Capital Auto Receivables Inc)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless (ian Insurer Default shall have occurred and be continuing) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.
Appears in 4 contracts
Samples: Trust Agreement (Franklin Auto Trust 2003-2), Trust Agreement (Franklin Auto Trust 2004-1), Trust Agreement (Franklin Auto Trust 2004-2)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless (ian Insurer Default shall have occurred and be continuing) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.
Appears in 4 contracts
Samples: Trust Agreement (FCC Receivables Corp), Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 3 contracts
Samples: Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (GMACM Home Equity Loan Trust 2007-He3)
Action by Certificateholders with Respect to Bankruptcy. The Owner ------------------------------------------------------- Eligible Lender Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Certificateholders (iother than the Depositor) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Eligible Lender Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 3 contracts
Samples: Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) until the Outstanding Amount of all the Notes have has been paid in full reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 3 contracts
Samples: Trust Agreement (M&i Dealer Auto Securitization LLC), Trust Agreement (M&i Auto Loan Trust 2002-1), Trust Agreement (Bond Securitization LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust unless without the prior written consent of the Security Insurer (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.unless
Appears in 2 contracts
Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee a certificate by each such Certificateholder certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Home Equity Securitization Corp), Trust Agreement (Residential Asset Funding Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to Trust without the Trust unless (i) unanimous prior approval of all Certificateholders and the Notes have been paid in full and (ii) delivery to Trustee by each such Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Provident Lease Receivables Corp), Trust Agreement (Provident Lease Receivables Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (Household Consumer Loan Trust 1997-2)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by Certificateholders evidencing Percentage Interests aggregating more than 50% of a certificate certifying that such Person Certificateholders reasonably believes believe that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2007-A)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by Certificateholders evidencing more than 50% of the Certificate Balance of a certificate certifying that such Person Certificateholders reasonably believes believe that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2008-A)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the GP Interest) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Cit Group Securitization Corp Ii), Trust Agreement (Cit Group Securitization Corp Ii)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the AO Interest) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Cit Rv Trust 1998-A), Trust Agreement (Cit Rv Trust 1999-A)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) until the Outstanding Amount of all the Notes have has been paid in full reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the Note Insurer and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 2 contracts
Samples: Trust Agreement (Capital One Auto Receivables Trust 2001-B), Trust Agreement (Capital One Auto Receivables LLC)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Class [__] Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Banc One Abs Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full consent and (ii) each Certificateholder approves approval of such commencement in writing in advance the Note Insurer, the unanimous prior approval of all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Imc Securities Inc)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) the Insurer, if an Insurer Default shall not have occurred and be continuing, and each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. [Compare Section 10.11 of the Transfer and Servicing Agreement.]
Appears in 1 contract
Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificate-holder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence com- mence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificate- holder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer at the direction of Certificateholders unless (i) the Notes have been paid in full and (ii) so long as no Insurer Default shall have occurred and be continuing, the Insurer, or, if an Insurer Default shall have occurred and be continuing, each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of Certificateholders evidencing more than 50% of the Certificate Balance and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by such Certificateholders of a certificate certifying that such Person Certificateholders reasonably believes believe that the Trust is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the AO Interest) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolventinsolvent .
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying written certification that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer unless (i) the Notes have been paid in full and (ii) so long as no Insurer Default shall have occurred and be continuing, the Insurer, or, if an Insurer Default shall have occurred and be continuing, each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Holders of Certificates and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Cit Group Inc)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves with the prior written consent of such commencement in writing in advance the Credit Enhancer and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The ------------------------------------------------------- Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the prior written consent of such commencement in writing in advance the Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
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Samples: Trust Agreement (Wachovia Asset Securitization Inc)
Action by Certificateholders with Respect to Bankruptcy. The ------------------------------------------------------- Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless (ian Insurer Default shall have occurred and be continuing) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.
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Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
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Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by the Certificateholders of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.
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Samples: Trust Agreement (Efg Funding Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior written consent of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by the Certificateholders of a certificate certifying that such Person the Certificateholders reasonably believes believe that the Trust is insolvent.
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Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the AO Interest) and the Notes Insurer (so long as no Insurer Default shall have been paid in full occurred and (iibe continuing) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
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Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy bank ruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder (other than the Depositor) approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.
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Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)