Common use of Action with Respect to Bankruptcy Clause in Contracts

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 27 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust)

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Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s 's Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 20 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2003-a Owner Trust), Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Nissan Auto Receivables 2002-a Owner Trust)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer without the unanimous prior approval of all Certificateholders (including including, if the Depositor is a Certificateholder, the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 20 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables Corp Ii)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) Depositor and the delivery to the Owner Trustee by the Depositor of a written certification by each Certificateholder certificate certifying that such Certificateholder the Depositor reasonably believes that the Trust is insolvent.

Appears in 16 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement (SLM Private Credit Student Loan Trust 2007-A)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including including, if the Depositor is a Certificateholder, the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 14 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) Certificateholder and the delivery to the Owner Trustee of a written certification by each the Certificateholder certifying that such the Certificateholder reasonably believes that the Trust is insolvent.

Appears in 11 contracts

Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Auto Finance Receivables LLC)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer without the unanimous prior approval of all Certificateholders (including including, if the Depositor is a Certificateholder, the Board of Directors Managers (including the Independent DirectorsManagers, as such term is defined in the Depositor’s Certificate of Incorporationlimited liability company agreement) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 10 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) Excess Distribution Certificateholder and the delivery to the Owner Trustee by the Excess Distribution Certificateholder of a written certification by each Certificateholder certificate certifying that such the Excess Distribution Certificateholder reasonably believes that the Trust is insolvent; provided, however, that nothing herein shall be deemed to prohibit the Owner Trustee from filing a claim in, or otherwise participating in, any bankruptcy proceeding filed against the Trust.

Appears in 4 contracts

Samples: Trust Agreement (Navient Funding, LLC), Trust Agreement (Navient Student Loan Trust 2015-3), Trust Agreement (Navient Student Loan Trust 2015-2)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) [Certificateholder][Owners] and the delivery to the Owner Trustee of a written certification by each Certificateholder the [Certificateholder][Owners] certifying that such Certificateholder the [Certificateholder][Owners] reasonably believes that the Trust is insolvent.

Appears in 3 contracts

Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) Owners and the delivery to the Owner Trustee by each such Owner of a written certification by each Certificateholder certificate certifying that such Certificateholder Owner reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each such Certificateholder certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Toyota Motor Credit Receivables Corp)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board Control Party and the unanimous approval of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) Managers of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolventTransferor.

Appears in 2 contracts

Samples: Trust Agreement (Alliance Laundry Systems LLC), Trust Agreement (Alliance Laundry Corp)

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Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Toyota Auto Finance Receivables LLC), Trust Agreement (Toyota Auto Finance Receivables LLC)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer without the unanimous prior approval of all Certificateholders (including including, if the Depositor is a Certificateholder, the Board of Directors Managers (including the Independent DirectorsManagers, as such term is defined in the Depositor’s Certificate of Incorporation) limited liability company agreement, of the Depositor)) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.. (Nissan 2007-A Amended & Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.. (Nissan _____ Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer without the unanimous prior approval of all Certificateholders (including including, if the Depositor is a Certificateholder, the Board of Directors Managers (including the Independent DirectorsManagers, as such term is defined in the Depositor’s Certificate of Incorporation) limited liability company agreement, of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee by each such Certificateholder of a written certification by each Certificateholder certificate certifying that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Onyx Acceptance Financial Corp)

Action with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Certificateholders (including the Board of Directors (including the Independent Directors, as such term is defined in the Depositor’s Certificate of Incorporation) of the Depositor) and the delivery to the Owner Trustee of a written certification by each Certificateholder that such Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp /De)

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