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

Action by Certificateholders with Respect to Bankruptcy. The Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust (i) until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and (ii) without the unanimous prior approval of all Certificateholders and (iii) without the delivery to the Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 56 contracts

Samples: Trust Agreement (CNH Equipment Trust 2024-C), Trust Agreement (CNH Equipment Trust 2024-B), Trust Agreement (CNH Equipment Trust 2024-A)

AutoNDA by SimpleDocs

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 Proceeding in bankruptcy relating to the Trust (i) Issuer until one year and one day after the Outstanding Amount of all the Notes Note Balance has been reduced to zero and (ii) without the unanimous prior written approval of all Certificateholders each Certificateholder and (iii) without the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 17 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC)

Action by Certificateholders with Respect to Bankruptcy. The Until one year and one day following the date of payment in full of the Notes, the Owner Trustee shall not have the power to to, and shall not, commence a voluntary any proceeding in bankruptcy or other actions contemplated by Section 2.13(d) hereof relating to the Trust (i) until one year and one day after without the Outstanding Amount prior written consent of all the Notes has been reduced to zero and (ii) without the unanimous prior approval of all Certificateholders and (iii) without 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 7 contracts

Samples: Trust Agreement (HSBC Automotive Trust (USA) 2006-3), Trust Agreement (HSBC Automotive Trust (USA) 2006-1), Trust Agreement (HSBC Auto Receivables Corp)

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 Proceeding in bankruptcy relating to the Trust (i) Issuer until one year and one day after the Outstanding Amount Note Balance of all the Notes has been reduced to zero and (ii) without the unanimous prior written approval of all Certificateholders each Certificateholder and (iii) without the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying certification that such Certificateholder Certificateholders reasonably believes believe that the Trust Issuer is insolvent.

Appears in 6 contracts

Samples: Trust Agreement (Fifth Third Auto Trust 2023-1), Trust Agreement (Fifth Third Auto Trust 2023-1), Trust Agreement (Fifth Third Auto Trust 2019-1)

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 (i) until one year and one day after the Outstanding Amount Notes have been paid in full and each Certificateholder (other than the Depositor) approves of all the Notes has been reduced to zero such commencement in advance and (ii) without the unanimous prior approval of all Certificateholders and (iii) without the delivery delivers to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (USAA Auto Owner Trust 2008-1), Trust Agreement (USAA Auto Owner Trust 2007-2)

Action by Certificateholders with Respect to Bankruptcy. The Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust (i) until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and (ii) without the unanimous prior approval of all Certificateholders and (iii) without the delivery to the Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (CNH Equipment Trust 2006-A), Trust Agreement (CNH Equipment Trust 2005-B), Trust Agreement (CNH Equipment 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 (i) Issuer until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and (ii) without the unanimous prior approval of all Certificateholders and (iii) without the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (Ace Securities Corp Rv & Marine Trust 2001-Rv1), Trust Agreement (Wells Fargo Auto Receivables Corp), Trust Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A)

AutoNDA by SimpleDocs

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 (i) Issuer until one year and one day after the Outstanding Amount Note Balance of all the Notes has been reduced to zero and (ii) without the unanimous prior written approval of all Certificateholders each Certificateholder and (iii) without the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder Certificateholders reasonably believes believe that the Trust Issuer is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (Fifth Third Auto Trust 2014-2), Trust Agreement (Fifth Third Auto Trust 2014-1), Trust Agreement (Fifth Third Auto Trust 2013-1)

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 (i) until one year and one day after the Outstanding Amount of all the Notes has been reduced to zero and (ii) without the unanimous prior approval of all Certificateholders and (iii) without 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 (M&i Dealer Auto Securitization 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 (i) Issuer until one year and one day after the Outstanding Principal Amount of all the Notes has been reduced to zero and (ii) without the unanimous prior written approval of all Certificateholders and (iii) without the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Bank One Auto Securitization Trust 2003-1)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!