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

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; (ii) the Transferor; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns of this Section 4.3 shall survive for one year and one day following the termination of this Agreement

Appears in 7 contracts

Samples: Trust Agreement (Fund America Investors Corp Ii), Trust Agreement (First Horizon Asset Securities Inc), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2)

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Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the InsurerTransferor; (ii) the TransferorOwner Trustee; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 5 contracts

Samples: Trust Agreement (HFC Revolving Corp Household Home Equity Ln Tr 2003 1), Trust Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2004-1), Trust Agreement (HSBC Home Equity Loan Trust 2005-2)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; (ii) the Transferor; (iii) the Owner Trustee; and (iiiiv) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 5.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 4 contracts

Samples: Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Chec Funding LLC)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; (ii) the Transferor; (iii) the Owner Trustee; and (iiiiv) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 3 contracts

Samples: Trust Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), Trust Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-3), Trust Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-2)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; (ii) the Transferor; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement

Appears in 3 contracts

Samples: Trust Agreement (First Horizon Asset Securities Inc), Trust Agreement (Terwin Securitization LLC), Trust Agreement (Lehman Abs Corp)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; (ii) the Transferor; (iii) the Owner Trustee; and (iiiiv) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Fleet Home Equity Loan Corp), Trust Agreement (Bond Securitization LLC)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; Transferor, and (ii) the Transferor; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1), Trust Agreement (Household Mortgage Loan Trust 2002 Hc1)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of [(i) the Insurer; ;] (ii) the Transferor; (iii) the Owner Trustee; and (iiiiv) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (HFC Revolving Corp)

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Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of [(i) the Insurer; ;] (ii) the Transferor; (iii) the Owner Trustee; and (iiiiv) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Household Mortgage Funding Corp Iii)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; , and (ii) the Transferor; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac Abs Inc)

Action by Transferor with Respect to Bankruptcy. [To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; Transferor, and (ii) the Transferor; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. .] The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Compass Asset Acceptance Co)

Action by Transferor with Respect to Bankruptcy. To the fullest extent permitted by applicable law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the prior consent and approval of (i) the Insurer; Transferor and (ii) the Transferor; and (iii) the Indenture Trustee, and the delivery to the Owner Trustee by the Transferor of a certificate certifying that such Transferor reasonably believes that the Trust is insolvent. The terns terms of this Section 4.3 shall survive for one year and one day following the termination of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Household Mortgage Loan Trust 2004-Hc1)

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