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

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholder.

Appears in 26 contracts

Samples: Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2023-A)

AutoNDA by SimpleDocs

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 10 thereof, (b) appoint a successor Administrator pursuant to Section 8 10 of the Administration Agreement, (c) remove the Servicer under the Trust Sale and Servicing Agreement pursuant to Section 8.02 thereof, 8.2 thereof or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables transferred to the Trust pursuant to the Trust Sale and Servicing Agreement or any interest therein after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon the affirmative vote of, or a written instructions consent signed by each Certificateholderby, the holders of a majority of the Voting Interests upon at least 30 days prior notice thereof.

Appears in 13 contracts

Samples: Trust Agreement (Superior Wholesale Inventory Financing Trust Xii), Trust Agreement (Wholesale Auto Receivables Corp), Trust Agreement (Superior Wholesale Inventory Financing Trust Xi)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 1.08 thereof, (b) appoint a successor Administrator under the Administration Agreement pursuant to Section 8 of the Administration Agreement1.08 thereof, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereof, 8.01 thereof or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 13 contracts

Samples: Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables Trust 2008-B), Trust Agreement (World Omni Auto Receivables Trust 2006-A)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 8.1 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (eb) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture, (c) remove the Administrator under the Administration Agreement pursuant to Section 9 thereof or (d) appoint a successor Administrator pursuant to Section 9 of the Administration Agreement. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 12 contracts

Samples: Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the CertificateholdersCertificateholders holding a majority of the Percentage Interests, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereofthereto, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereofthereto, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereofthereto, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each CertificateholderCertificateholders holding a majority of the Percentage Interest.

Appears in 9 contracts

Samples: Trust Agreement (California Republic Auto Receivables Trust 2015-2), Trust Agreement (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 10 thereof, (b) appoint a successor Administrator pursuant to Section 8 10 of the Administration Agreement, (c) remove the Servicer under the Sale Pooling and Servicing Agreement pursuant to Section 8.02 thereof, thereof or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables or any interest therein after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 9 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 Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) except as expressly provided in the Transactions Documents, remove the Servicer under the Servicing Agreement pursuant to Section 5.01 thereof, (b) except as expressly provided in the Transaction Documents, sell the Receivables after the termination of the Indenture, (c) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, 9 thereof or (bd) appoint a successor Administrator pursuant to Section 8 9 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 5 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Finance Trust 2002-A), Trust Agreement (Capital One Auto Receivables Trust 2001-B)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereofof such document, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 5 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2001-A), Trust Agreement (SSB Vehicle Securities Inc BMW Vehicle Owner Trust 1999-A), Trust Agreement (SSB Vehicle Sec Huntington Auto Trust 2000-A)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Master Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereofof such document, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 3 contracts

Samples: Trust Agreement (Regions Auto Receivables Trust 2002-1), Trust Agreement (Regions Acceptance LLC), Trust Agreement (Regions Auto Receivables Trust 2003-1)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove except as expressly provided in the Administrator under the Administration Agreement pursuant to Section 8 thereofTransactions Documents, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 8.1 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (eb) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture, (c) remove the Administrator under the Administration Agreement pursuant to Section 9 thereof or (d) appoint a successor Administrator pursuant to Section 9 of the Administration Agreement. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 3 contracts

Samples: Trust Agreement (M&i Dealer Auto Securitization LLC), Trust Agreement (Bond Securitization LLC), Trust Agreement (M&i Auto Loan Trust 2002-1)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereofof the Administration Agreement, (b) appoint 9 (Nissan 2012-B Amended & Restated Trust Agreement) a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under pursuant to Section 8.01 of the Sale and Servicing Agreement pursuant to Section 8.02 thereof, or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe authorized representative of 100% of the Certificateholders.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2012-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2012-B Owner Trust)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereofof the Administration Agreement, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under pursuant to Section 8.01 of the Sale and Servicing Agreement pursuant to Section 8.02 thereof, or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly (NAROT 2018-A Amended & Restated Trust Agreement) provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe authorized representative of a majority of the outstanding Certificate Balance of the Certificateholders.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2018-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2018-a Owner Trust)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Master Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 8.1 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (eb) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture, (c) remove the Administrator under the Administration Agreement pursuant to Section 9 thereof or (d) appoint a successor Administrator pursuant to Section 9 of the Administration Agreement. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 2 contracts

Samples: Trust Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Trust Agreement (Wells Fargo Financial Auto Owner Trust 2005-A)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereofof the Administration Agreement, (b) appoint 9 (Nissan 2013-A Amended & Restated Trust Agreement) Table of Contents a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under pursuant to Section 8.01 of the Sale and Servicing Agreement pursuant to Section 8.02 thereof, or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe authorized representative of 100% of the Certificateholders.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2013-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2013-a Owner Trust)

AutoNDA by SimpleDocs

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the CertificateholdersCertificateholders holding a majority of the Percentage Interest, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereofthereto, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereofthereto, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereofthereto, or (e) except as expressly provided in the Basic Documents, sell the Receivables Loans after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 2 contracts

Samples: Trust Agreement (Huntington Auto Trust 2012-2), Trust Agreement (Huntington Auto Trust 2012-1)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 8.1 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (eb) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture, (c) remove the Administrator under the Administration Agreement pursuant to Section 9 thereof or (d) appoint a successor Administrator pursuant to Section 9 of the Administration Agreement. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

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

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 8.1 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (eb) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture, (c) remove the Administrator under the Administration Agreement pursuant to Section 9 thereof or (d) appoint a successor Administrator pursuant to Section 9 of the Administration Agreement. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (Bank One Auto Securitization LLC)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer or appoint a successor Servicer under the Sale Pooling and Servicing Agreement pursuant to Section 8.02 thereof, Article IX thereof or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables 2011 Collateral Certificate, Dealer Notes or any interest therein after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (Navistar International Corp)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 8.1 thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (eb) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture, (c) remove TRUST AGREEMENT the Administrator under the Administration Agreement pursuant to Section 9 thereof or (d) appoint a successor Administrator pursuant to Section 9 of the Administration Agreement. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (Amsouth Auto Receivables LLC)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b10 thereof,(b) appoint a successor Administrator pursuant to Section 8 10 of the Administration Agreement, (cAgreement,(c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 thereof, 8.1 thereof or (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereof, or (e) except as expressly provided in the Basic Documents, sell the Receivables or any interest therein after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (First Security Bank Na)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the Certificateholders, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.02 Article VIII thereof, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereofof such document, or (e) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (National City Auto Receivables Trust 2004-A)

Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the written direction of the CertificateholdersCertificateholders holding a majority of the Percentage Interest, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereofthereto, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale Amended and Restated Trust Agreement and Servicing Agreement pursuant to Section 8.02 thereofthereto, (d) amend the Sale and Servicing Agreement pursuant to Section 10.01(b) thereofthereto, or (e) except as expressly provided in the Basic Documents, sell the Receivables Loans after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by each Certificateholderthe Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (Huntington Funding, LLC)

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