Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 11 contracts
Samples: Trust Agreement (Impac Secured Assets Corp), Trust Agreement (Impac CMB Trust Series 2005-8), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-2f)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders to (a) remove the Servicer or the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 Article VI thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Loans Collateral 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 the Certificateholders.
Appears in 10 contracts
Samples: Trust Agreement (Renaissance Home Equity Loan Trust 2005-3), Trust Agreement (Renaissance Home Equity Loan Trust 2006-2), Trust Agreement (Renaissance Home Equity Loan Trust 2005-4, Home Equity Loan Asset-Backed Notes, Series 2005-4)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to power (a) to remove the Master Servicer under the Master Sale and Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic DocumentsIndenture and the related Series Supplement and at the written direction of the Certificateholders, sell the Mortgage Loans 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 the Certificateholders and the furnishing of indemnification satisfactory to the Owner Trustee by the Certificateholders.
Appears in 8 contracts
Samples: Trust Agreement (Household Automotive Trust 2001-1), Trust Agreement (Household Automotive Trust Vi Series 2000 3), Trust Agreement (Household Auto Receivables Corp)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to power (a) to remove the Master Servicer under the Master Sale and Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic DocumentsIndenture and the Series Supplement and at the written direction of the Certificateholders, sell the Mortgage Loans 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 the Certificateholders and the furnishing of indemnification satisfactory to the Owner Trustee by the Certificateholders.
Appears in 5 contracts
Samples: Trust Agreement (HSBC Automotive Trust 2005-2), Trust Agreement (HSBC Automotive Trust 2005-1), Trust Agreement (HSBC Automotive Trust 2005-3)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Loans Contracts 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 the Certificateholders.
Appears in 5 contracts
Samples: Trust Agreement (Origen Residential Securities, Inc.), Trust Agreement (Origen Manufactured Housing Contract Trust 2004-B), Trust Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2005-B)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Sale and Servicing Agreement pursuant to Sections 7.01 and 8.05 Section 8.1 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Loans 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 the Certificateholders.
Appears in 4 contracts
Samples: Trust Agreement (Barnett Auto Receivables Corp), Trust Agreement (Mellon Auto Receivables Corp), Trust Agreement (Ace Securities Corp)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 4 contracts
Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Home Equity Mortgage Trust 2007-1)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Master Servicing Agreement pursuant to Sections 7.01 and 8.05 Section [ ] thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 3 contracts
Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 3 contracts
Samples: Trust Agreement (New Century Home Equity Loan Trust 2006-1), Trust Agreement (New Century Home Equity Loan Trust 2006-2), Trust Agreement (Home Loan Mortgage Loan Trust 2004-2)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Sale and Servicing Agreement pursuant to Sections 7.01 and 8.05 Section 8.1 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Home Equity 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 the Certificateholders.
Appears in 3 contracts
Samples: Trust Agreement (Avco Abs Receivables Corp), Trust Agreement (Chec Asset Receivables Corp), Trust Agreement (Chec Asset Receivables 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 Master Servicer under the Sale and Servicing Agreement pursuant to Sections 7.01 Section 9.01 thereof, (b) appoint a successor Servicer pursuant to Section 9.02 of the Sale and 8.05 thereof Servicing Agreement, or (bc) except as expressly provided in the Basic Documents, sell the Mortgage Loans Contracts 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 the Certificateholders.
Appears in 2 contracts
Samples: Trust Agreement (Cit Group Inc), Trust Agreement (Cit Group Securitization Corp Ii)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer Servicers under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 2 contracts
Samples: Trust Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1), Trust Agreement (Home Equity Mortgage Trust 2006-2)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Master Servicing Agreement pursuant to Sections 7.01 and 8.05 Section ____ thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Mortgage Investments Inc), Trust Agreement (Structured Asset Mortgage Investments Inc)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders to (a) remove the Master Servicer under the Sale and Servicing Agreement pursuant to Sections 7.01 and 8.05 6.01 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 2 contracts
Samples: Trust Agreement (Newcastle Mortgage Securities Trust 2006-1, Asset-Backed Notes, Series 2006-1), Trust Agreement (Newcastle Mortgage Securities Trust 2007-1)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders or the Note Insurer to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Loans Contracts 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 the CertificateholdersCertificateholders or the Note Insurer.
Appears in 2 contracts
Samples: Trust Agreement (Origen Residential Securities, Inc.), Trust Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (American Home Mort Securities Home Mortgage Invest Tr 2004-1)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (New Century Alternative Mortgage Loan Trust 2006-Alt1)
Action by Certificateholders with Respect to Certain Matters. (a) The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (ai) remove the Master Servicer under the Master Servicing Agreement pursuant to Sections 7.01 and 8.05 7(a) thereof or (bii) except as expressly provided in the Basic Operative Documents, sell the Mortgage 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 the CertificateholdersCertificateholders and with the consent of the Insurer.
Appears in 1 contract
Samples: Deposit Trust Agreement (American Residential Eagle Inc)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 in accordance with Section 6.01 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (Superior Bank FSB)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Home 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 the Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (Southern Pacific Secured Assets Corp)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage Loans Assets 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 the Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (Origen Residential Securities, Inc.)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall will not have the power, except upon the direction of the Certificateholders, to (a) remove the Master Servicer under the Transfer and Servicing Agreement pursuant to Sections 7.01 and 8.05 Section 8.01 thereof or (b) or, except as expressly provided in the Basic Documents, to sell the Mortgage Loans Receivables after the termination of the Indenture. The Owner Trustee shall will take the actions referred to in the preceding sentence only upon written instructions signed by the Certificateholders.
Appears in 1 contract
Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp)
Action by Certificateholders with Respect to Certain Matters. The Owner Trustee shall not have the power, except upon the direction of the Certificateholders, Certificateholders (with the consent of the Note Insurer so long as no Note Insurer Default exists) to (a) remove the Master Servicer under the Servicing Agreement pursuant to Sections 7.01 and 8.05 thereof or (b) except as expressly provided in the Basic Documents, sell the Mortgage 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 the Certificateholders.
Appears in 1 contract
