Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note 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 is entitled to rely upon any such action or consent, only Notes which the Indenture Trustee knows to be so owned shall be so disregarded.
Appears in 27 contracts
Samples: Purchase Agreement (Exeter Automobile Receivables Trust 2024-4), Purchase Agreement (Exeter Automobile Receivables Trust 2024-4), Purchase Agreement (Exeter Automobile Receivables Trust 2024-3)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note registered in the name of the Seller Transferee or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes which the Indenture Trustee knows to be so owned shall be so disregarded.
Appears in 27 contracts
Samples: Contribution Agreement (Exeter Automobile Receivables Trust 2024-3), Contribution Agreement (Exeter Automobile Receivables Trust 2024-3), Contribution Agreement (Exeter Automobile Receivables Trust 2024-2)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or 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 is entitled to rely upon any such action or consent, only Notes or Certificates which the Owner Trustee or the Indenture Trustee Trustee, respectively, knows to be so owned shall be so disregarded.
Appears in 19 contracts
Samples: Sale Agreement (Efcar, LLC), Purchase Agreement (Exeter Automobile Receivables Trust 2021-3), Sale Agreement (Exeter Automobile Receivables Trust 2021-3)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller Transferee or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes or Certificates which the Owner Trustee or the Indenture Trustee Trustee, respectively, knows to be so owned shall be so disregarded.
Appears in 9 contracts
Samples: Contribution Agreement (Exeter Automobile Receivables Trust 2021-3), Contribution Agreement (Exeter Automobile Receivables Trust 2021-3), Contribution Agreement (Exeter Automobile Receivables Trust 2021-2)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller Sponsor or any Affiliate thereof shall be deemed not to be outstanding; provided, however, however that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes or Certificates which the Owner Trustee, or the Indenture Trustee Trustee, respectively, knows to be so owned shall be so disregarded.
Appears in 8 contracts
Samples: Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note registered in the name of the Seller Depositor or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes which the Owner Trustee or the Indenture Trustee knows to be so owned shall be so disregarded.
Appears in 7 contracts
Samples: Trust Agreement (Household Automotive Trust 2004-1), Trust Agreement (Household Automotive Trust 2003-2), Trust Agreement (HSBC Automotive Trust 2005-1)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note registered in the name of the Seller Depositor or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes which that a Responsible Officer of the Owner Trustee or the Indenture Trustee Trustee, as the case may be, either actually knows to be so owned or has received written notice thereof shall be so disregarded.
Appears in 6 contracts
Samples: Trust Agreement (HSBC Automotive Trust (USA) 2006-3), Trust Agreement (HSBC Automotive Trust (USA) 2006-1), Trust Agreement (HSBC Auto Receivables Corp)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or 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 Certificates which the Owner Trustee, the Indenture Trustee or the Trust Collateral Agent, respectively, knows to be so owned shall be so disregarded.
Appears in 5 contracts
Samples: Trust Agreement (Advanta Automobile Receivables Trust 1997-1), Purchase Agreement (Advanta Automobile Receivables Trust 1997-2), Trust Agreement (Advanta Automobile Receivables Trust 1997-2)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note 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 which the Owner Trustee, the Indenture Trustee or the Trust Collateral Agent, respectively, knows to be so owned shall be so disregarded.
Appears in 3 contracts
Samples: Trust Agreement (National Financial Auto Funding Trust), Trust Agreement (National Auto Finance Co Inc), Trust Agreement (National Auto Finance Co Inc)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note registered in the name of the Seller Depositor or any Affiliate thereof shall be deemed not to be outstanding; providedPROVIDED, howeverHOWEVER, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes which the Owner Trustee or the Indenture Trustee knows to be so owned shall be so disregarded.
Appears in 3 contracts
Samples: Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or 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 Certificates which the Indenture Owner Trustee, the Trustee or the Trust Collateral Agent, respectively, knows to be so owned shall be so disregarded.
Appears in 2 contracts
Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by Noteholders, any Note registered in the name of the Seller Transferee or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes which the Indenture Trustee knows to be so owned shall be so disregarded.. ARTICLE II
Appears in 2 contracts
Samples: Contribution Agreement (Exeter Automobile Receivables Trust 2024-4), Contribution Agreement (Exeter Automobile Receivables Trust 2024-4)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller Sponsor or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes or Certificates which the Owner Trustee, or the Indenture Trustee Trustee, respectively, knows to be so owned shall be so disregarded.
Appears in 2 contracts
Samples: Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2), Trust Agreement (Headlands Mortgage Securities Inc)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller Sponsor, Holding Trust or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes or Certificates which the Owner Trustee, or the Indenture Trustee Trustee, respectively, knows to be so owned shall be so disregarded.
Appears in 1 contract
Action by or Consent of Noteholders and Certificateholders. . Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller or any Affiliate thereof shall be deemed not to be outstandingoutstanding (except in the event that the Seller and/or an Affiliate thereof then owns all outstanding Notes and Certificates); provided, however, that, solely for the purpose of determining whether the Indenture Trustee is entitled to rely upon any such action or consent, only Notes or Certificates which the Owner Trustee or the Indenture Trustee Trustee, respectively, knows to be so owned shall be so disregarded.
Appears in 1 contract
Samples: Indenture (Household Automotive Trust Iv Series 2000-1)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller Advanta or any Affiliate thereof shall be deemed not to be outstanding; provided, however, that, solely for the purpose of determining whether a Trust Officer of the Indenture Trustee or the Trust Collateral Agent is entitled to rely upon any such action or consent, only Notes or Certificates which the Indenture Owner Trustee, the Trust Officer of the Trustee or the Trust Collateral Agent, respectively, actually knows to be so owned shall be so disregarded.
Appears in 1 contract
Samples: Sale and Servicing (Advanta Automobile Receivables Trust 1997-1)
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or Certificate registered in the name of the Seller Originator 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 Certificates which the Owner Trustee, the Indenture Trustee or the Trust Collateral Agent, respectively, knows to be so owned shall be so disregarded.
Appears in 1 contract
Action by or Consent of Noteholders and Certificateholders. Whenever any provision of this Agreement refers to action to be taken, or consented to, by the Noteholders or the Certificateholders, such provision shall be deemed to refer to the Noteholder 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 Certificateholders. Solely for the purposes of any action to be taken, or consented to, by NoteholdersNoteholders or Certificateholders, any Note or 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 Certificates which the Owner Trustee, the Indenture Trustee or the Trust Collateral Agent, respectively, knows to be so owned shall be so disregarded.
Appears in 1 contract
Samples: Purchase Agreement (Advanta Automobile Receivables 1998-1)