Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence any proceeding or other actions contemplated by Section 2.12(d) relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders 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 5 contracts
Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (Americredit Financial Services Inc)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence any proceeding or other actions contemplated by Section 2.12(d) relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders 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 3 contracts
Samples: Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence any proceeding or other actions contemplated by Section 2.12(d) relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders and the delivery to the Owner Trustee by each such Certificateholder of a certificate signed by such Certificateholder, certifying that such Certificateholder reasonably believes that the Trust is insolvent.
Appears in 3 contracts
Samples: And (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, to commence any a voluntary proceeding or other actions contemplated by Section 2.12(d) in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders Certificateholders, the Noteholders and the Owner Trustee 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. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2004-3), Trust Agreement (American Home Mort Securities Home Mortgage Invest Tr 2004-1), Trust Agreement (American Home Mortgage Investment Trust 2004-2)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence any a voluntary proceeding or other actions contemplated by Section 2.12(d) in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders 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.unless
Appears in 2 contracts
Samples: Trust Agreement (Franklin Receivables LLC), Franklin Receivables LLC
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence or join in any proceeding or other actions contemplated by Section 2.12(d2.12(c) relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders and, prior to the Class A Termination Date, the Class A Insurer, and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder person reasonably believes that the Trust is insolventinsolvent and, prior to the Class A Termination Date, written consent of the Class A Insurer.
Appears in 1 contract
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, to commence any a voluntary proceeding or other actions contemplated by Section 2.12(d) in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders and the consent of the the Noteholders and the Owner Trustee 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. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Impac Secured Assets CMN Trust Series 1998-1)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, to commence any a voluntary proceeding or other actions contemplated by Section 2.12(d) in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders and the consent of the Bondholders and the Owner Trustee and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder Cerfficateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Imh Assets Corp)
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence any proceeding or other actions contemplated by Section 2.12(d2.13(d) relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders 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
Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to, and shall not, commence any proceeding or other actions contemplated by Section 2.12(d) relating to the Trust without the prior written consent of the Security Insurer (unless an Insurer Default shall have occurred and be continuing) and the unanimous prior approval of all Certificateholders and the delivery to the Owner Trustee by each such Certificateholder of a certificate signed by such Certificateholder, certifying that such Certificateholder reasonably believes that the Trust is insolvent.
Appears in 1 contract