Common use of Action by Certificateholders with 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 Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless the Owner Trustee reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

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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 Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless Certificates; provided, however, that under no circumstances shall the Owner Trustee reasonably believes commence any such proceeding prior to the date that is one year and one day after the Trust is insolventtermination of the Trust.

Appears in 1 contract

Samples: Trust Agreement (First Security Bank Na)

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 Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless the Owner Trustee reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Action by Certificateholders with. Respect to -------------------------------------------- Bankruptcy. The BankruptcyThe Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without unless the unanimous prior approval Notes have been paid in full and each Certificateholder (other than the Depositor) approves of all Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless such commencement in advance and delivers to the Owner Trustee a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Ford Credit Auto Owner Trust 2005-A)

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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 Holders of Certificates Certificateholders and the Note Insurer (including so long as no Note Insurer Default shall have occurred and be continuing) and the unanimous approval of the board of directors of the Seller) unless delivery to the Owner Trustee by each such Certificateholder of a certification certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (SSB Vehicle Securities Inc)

Action by Certificateholders with. Respect to -------------------------------------------- Bankruptcy. The Owner Eligible Lender Trustee shall not have the power to commence a ---------- voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Holders Certificateholders and the delivery to the Eligible Lender Trustee by each such Certificateholder of Certificates (including the unanimous approval of the board of directors of the Seller) unless the Owner Trustee a certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Signet Bank Maryland)

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