Action by Owners with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, the Owner Trustee shall not have the power, except upon the direction of the majority of the Owners, to (i) remove the Administrator pursuant to Section 8 of the Administration Agreement, (ii) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (iii) remove the Master Servicer pursuant to Section 8.01 of the Sale and Servicing Agreement, (iv) except as expressly provided in the Basic Documents, sell the Contracts after the termination of the Indenture, (v) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, (vi) authorize the merger, consolidation or conversion of the Trust with or into any other statutory trust or entity (other than in accordance with Section 3.10 of the Indenture) or
Appears in 6 contracts
Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Financial 2005-1 Owner Trust), Trust Agreement (WFS Financial 2005-2 Owner Trust)
Action by Owners with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, the Owner Trustee shall not have the power, except upon the direction of the majority of the Owners, to (i) remove the Administrator pursuant to Section 8 of the Administration Agreement, (ii) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (iii) remove the Master Servicer pursuant to Section 8.01 of the Sale and Servicing Agreement, (iv) except as expressly provided in the Basic Documents, sell the Contracts after the termination of the Indenture, (v) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, (vi) authorize the merger, consolidation or conversion of the Trust with or into any other statutory business trust or entity (other than in accordance with Section 3.10 of the Indenture) oror (vii) amend the Certificate of Trust. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by the Owners.
Appears in 3 contracts
Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3)
Action by Owners with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, the Owner Trustee shall not have the power, except upon the direction of the majority of the Owners, to (i) remove the Administrator pursuant to Section 8 of the Administration Agreement, (ii) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (iii) remove the Master Servicer pursuant to Section 8.01 of the Sale and Servicing Agreement, (iv) except as expressly provided in the Basic Documents, sell the Contracts after the termination of the Indenture, (v) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, (vi) authorize the merger, consolidation or conversion of the Trust with or into any other statutory trust or entity (other than in accordance with Section 3.10 of the Indenture) oror (vii) amend the Certificate of Trust. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by the Owners.
Appears in 3 contracts
Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 4)
Action by Owners with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, the Owner Trustee shall not have the power, except upon the direction of the majority of the Owners, to (i) remove the Administrator pursuant to Section 8 of the Administration Agreement, (ii) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (iii) remove the Master Servicer pursuant to Section 8.01 of the Sale and Servicing Agreement, (iv) except as expressly provided in the Basic Documents, sell the Contracts after the termination of the Indenture, (v) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, (vi) authorize the merger, consolidation or conversion of the Trust with or into any other statutory trust or entity (other than in accordance with Section 3.10 of the Indenture) oror (vii) amend the Certificate of Trust. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by the Owners.
Appears in 2 contracts
Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3)
Action by Owners with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, the Owner Trustee shall not have the power, except upon the direction of the majority of the Owners, to (i) remove the Administrator pursuant to Section 8 1.09 of the Administration Agreement, (ii) appoint a successor Administrator pursuant to Section 8 1.09 of the Administration Agreement, (iii) remove the Master Servicer pursuant to Section 8.01 7.02 of the Sale and Servicing Agreement, (iv) except as expressly provided in the Basic Documents, sell the Contracts Receivables after the termination of the Indenture, (v) initiate any claim, suit or proceeding by the Trust Issuer or compromise any claim, suit or proceeding brought by or against the TrustIssuer, (vi) authorize the merger, merger or consolidation or conversion of the Trust Issuer with or into any other statutory business trust or entity (other than in accordance with Section 3.10 of the Indenture) oror (vii) amend the Certificate
Appears in 2 contracts
Samples: Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (American Honda Receivables Corp)