Common use of Action by the Certificateholders with Respect to Bankruptcy Clause in Contracts

Action by the Certificateholders with Respect to Bankruptcy. The Delaware Trustee shall not follow any direction of any Certificateholder to take any Bankruptcy Action. The consent of the Delaware Trustee shall be required prior to the commencement by the Trust of any Bankruptcy Action. The Delaware Trustee shall not be required to consent to the commencement by the Trust of any Bankruptcy Action unless it has received a written certification from each Certificateholder to the effect that the Certificateholder reasonably believes that the Trust is then insolvent.

Appears in 7 contracts

Samples: Trust Agreement (Goal Capital Funding, LLC), Trust Agreement (Higher Education Funding I), Trust Agreement (Consolidation Loan Funding Ii, LLC)

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Action by the Certificateholders with Respect to Bankruptcy. The Delaware Trustee shall not follow any direction of any Certificateholder to take any Bankruptcy Action. The consent of the Delaware Trustee shall be required prior to the commencement by the Trust of any Bankruptcy Action. The To the fullest extent permitted by applicable law, the Delaware Trustee shall not be required to consent to the commencement by the Trust of any Bankruptcy Action unless it has received a written certification from each Certificateholder to the effect that the Certificateholder reasonably believes that the Trust is then insolventinsolvent and the Delaware Trustee shall incur no liability in relying solely upon such written certification.

Appears in 3 contracts

Samples: Trust Agreement (College Loan Corp Trust I), Trust Agreement (College Loan Corp Trust I), Trust Agreement (College Loan Corp Trust I)

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