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

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 Certificateholders (including the Seller) 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; 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)

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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 without the unanimous prior approval of all Certificateholders (including and the Seller) consent of the Note Insurer, 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 4 contracts

Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Pacificamerica Money Center 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 without the unanimous prior approval of all Certificateholders (including and with the Seller) consent of the Insurer, the Bondholders 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 3 contracts

Samples: Deposit Trust Agreement (Sequoia Mortgage Funding Corp), Deposit Trust Agreement (American Residential Eagle Inc), Deposit Trust Agreement (Sequoia Mortgage 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 without the unanimous prior approval of all Certificateholders (including and the Seller) consent of the Bond Insurer, the Bondholders 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 3 contracts

Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Novastar Mortgage 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 without the unanimous prior approval of all Certificateholders (including Certificate- holders and the Seller) consent of the Bond Insurer, the Bondholders 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Novastar Mortgage 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 without the unanimous prior approval of all Certificateholders (including and the Seller) consent of the Noteholders, the Note Insurer and the Owner Trustee and the delivery to the Owner Trustee and the Note Insurer by each such Certificateholder of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A), Trust Agreement (Origen Residential 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 without the unanimous prior approval of all Certificateholders (including the Seller) and the delivery to the Owner Trustee by each such Certificateholder Holders of a certificate certifying that such Certificateholder reasonably believes that the Trust is insolventCertificates; 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 1 contract

Samples: Trust Agreement (Central Originating Lease Trust)

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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 without the unanimous prior approval of all Certificateholders (including the Seller) 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; providedPROVIDED, howeverHOWEVER, 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 1 contract

Samples: Trust Agreement (Capital Auto Receivables 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 without the unanimous prior approval of all Certificateholders (including Certificateholders, the Seller) 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Owner Trust Agreement.

Appears in 1 contract

Samples: Trust Agreement (Salomon Br Mor Sec Vii Inc Series 1998-11)

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 Certificateholders (including the Seller) 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 1 contract

Samples: Trust Agreement (Impac Mortgage Holdings 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 without the unanimous prior approval of all Certificateholders (including Certificateholders, the Seller) 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; provided, however, that under no circumstances . This paragraph shall the Owner Trustee commence or join in commencing any such proceeding prior to the date that is survive for one year and one day after the following termination of the Trustthis Trust Agreement.

Appears in 1 contract

Samples: Trust Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)

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