Common use of Action by or Consent of Noteholders and Certificateholder Clause in Contracts

Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders or the Certificateholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate which the Owner Trustee or a Responsible Officer of the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is so owned shall be so disregarded.

Appears in 137 contracts

Samples: Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2024-1)

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Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders Certificateholder or the CertificateholderNoteholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate Certificates which the Owner Trustee or a Responsible Officer of Trustee, the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 62 contracts

Samples: Purchase Agreement, Purchase Agreement (Americredit Automobile Receivables Trust 2012-1), Purchase Agreement (Americredit Automobile Receivables Trust 2012-1)

Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders Certificateholder or the CertificateholderNoteholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller Sellers or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate Certificates which the Owner Trustee or a Responsible Officer of Trustee, the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 7 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to ----------------- be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders Certificateholder or the CertificateholderNoteholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller Sellers or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate Certificates which the Owner Trustee or a Responsible Officer of Trustee, the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 4 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders or the Certificateholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate which the Owner Trustee or a Responsible Officer of Trustee, the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 4 contracts

Samples: Purchase Agreement (AmeriCredit Automobile Receivables Trust 2012-4), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2012-4), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2012-3)

Action by or Consent of Noteholders and Certificateholder. [s]. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the CertificateholderCertificateholder[s], such provision shall be deemed to refer to the Noteholders or the CertificateholderCertificateholder[s], as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the CertificateholderCertificateholder[s]. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the CertificateholderCertificateholder[s], any Note or the [the]/[any] Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate Certificate[s] which the Owner Trustee or a Responsible Officer of the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is so owned shall be so disregarded.

Appears in 3 contracts

Samples: Purchase Agreement (Afs Sensub Corp.), Purchase Agreement (Afs Sensub Corp.), Purchase Agreement (Afs Sensub Corp.)

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Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders or the Certificateholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate Certificates which the Owner Trustee or a Responsible Officer of Trustee, the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 2 contracts

Samples: Purchase Agreement (Americredit Automobile Receivables Trust 2012-2), Purchase Agreement (Americredit Automobile Receivables Trust 2012-2)

Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders or the Certificateholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate which the Owner Trustee or a Responsible Officer of the Trustee or the Trust Collateral AgentIndenture Trustee, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 1 contract

Samples: Purchase Agreement (Efcar, LLC)

Action by or Consent of Noteholders and Certificateholder. Whenever any provision of this Agreement refers to action to ------------------ be taken, or consented to, by the Noteholders or the Certificateholder, such provision shall be deemed to refer to the Noteholders Certificateholder or the CertificateholderNoteholder, as the case may be, of record as of the Record Date immediately preceding the date on which such action is to be taken, or consent given, by Noteholders or the Certificateholder. Solely for the purposes of any action to be taken, or consented to, by Noteholders or the Certificateholder, any Note or the Certificate registered in the name of the Seller Sellers or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or the Certificate Certificates which the Owner Trustee or a Responsible Officer of Trustee, the Trustee or the Trust Collateral Agent, respectively, has actual knowledge is knows to be so owned shall be so disregarded.

Appears in 1 contract

Samples: Purchase Agreement (Americredit Financial Services Inc)

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