Common use of Actions by Certificateholders Clause in Contracts

Actions by Certificateholders. (a) Wherever in this Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders are beneficial owners of the right to receive principal payments and interest payments to which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders of Certificates, the Depositor, the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 63 contracts

Samples: Trust Certificate Series Supplement (Merrill Lynch Depositor Inc Pplus Trust Series SPR 1), Trust Supplement (Merrill Lynch Depositor Inc Pplus Trust Series GSC-1), Trust Supplement (Merrill Lynch Depositor Inc Pplus Trust Series GSG-2)

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Actions by Certificateholders. (a) Wherever in this Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders Certificateholders of Certificates are beneficial owners of the right to receive principal payments and interest payments to which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders Certificateholders of Certificates, the Depositor, Depositor or the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 14 contracts

Samples: Trust Agreement (Freedom Depository LLC), Series Supplement Corporate Bond Backed Certificates (Lehman Abs Corp), Series Supplement Corporate Bond Backed Certificates (Lehman Abs Corp)

Actions by Certificateholders. (a) Wherever in this ----------------------------- Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders Certificateholders of Certificates are beneficial owners of the right to receive principal payments and interest payments to which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders Certificateholders of Certificates, the Depositor, Depositor or the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 4 contracts

Samples: Series Supplement (Elmwood Funding LTD), Trust Agreement (Elmwood Funding LTD), Series Supplement (Elmwood Funding LTD)

Actions by Certificateholders. (a) Wherever in this Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders are beneficial owners of the right to receive principal payments and interest payments to which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders of Certificates, the Depositor, Depositor or the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 2 contracts

Samples: Trust Agreement (Merrill Lynch Depositor Inc), Trust Agreement (Merrill Lynch Depositor Inc)

Actions by Certificateholders. (a) Wherever By its acceptance of Certificates pursuant to this Agreement and the applicable Supplement, each Certificateholder acknowledges and agrees that, wherever in this Trust Agreement a provision is made states that an action may be taken or a notice, demand or instruction given by any Series of Investor Certificate- holders, any class of Investor Certificateholders or Beneficial Ownersthe Investor Certificateholders, such the action, notice or instruction may be taken or given by any Certificateholder Holder of an Investor Certificate of the Series or Beneficial Ownerclass or by any Investor Certificateholder, respectively, unless the provision requires a specific percentage of the Series or class of Investor Certificateholders or of all Investor Certificateholders. (b) Each By its acceptance of Certificates pursuant to this Agreement and the applicable Supplement, each Certificateholder acknowledges and agrees that any request, demand, authorization, direction, notice, consent, waiver or Beneficial Owner shall have other act by the right to assert any rights and privileges Holder of a Certificateholder Certificate shall bind the Holder and every subsequent Holder of the Certificate and of any Certificate issued upon the registration of transfer thereof or Beneficial Ownerin exchange therefor or in lieu thereof in respect of anything done or omitted to be done by Trustee or Servicer in reliance thereon, and shall have whether or not notation of the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Personaction is made upon such Certificate. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act action provided by a Certificateholder this Agreement or Beneficial Owner any Supplement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by the Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, the action shall become effective when the instrument or instruments are delivered to Trustee and, when required, to Servicer. Proof of execution of any such instrument or of a Certificate writing appointing any such agent shall bind such Certificateholder or Beneficial Owner be sufficient for any purpose of this Agreement, any Supplement and every subsequent Certificateholder or Beneficial Owner conclusive in favor of such Certificate or any Certificate issued upon Trustee and Servicer, if made in the registration of transfer thereof or manner provided in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificatethis section. (d) Holders are beneficial owners The fact and date of the right to receive principal payments and interest payments to which execution by any Certificateholder of any such Certificates relate and, as such, will have the right following an event of default with respect to instrument or writing may be proved in any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders of Certificates, the Depositor, the reasonable manner that Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s)deems sufficient.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp)

Actions by Certificateholders. (a) Wherever in this Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon upom the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders Certificateholders of Certificate are beneficial owners of the right to receive principal payments and interest payments to which such Certificates Certificate relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders Certificateholders of Certificates, the Depositor, Depositor or the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 1 contract

Samples: Trust Agreement (Southpoint Structured Assets Inc)

Actions by Certificateholders. (a) Wherever in this Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders Certificateholders of Certificates are beneficial owners of the right to receive principal payments and interest payments to which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders Certificateholders of Certificates, the Depositor, Depositor or the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 1 contract

Samples: Trust Agreement (Southpoint Structured Assets Inc)

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Actions by Certificateholders. (a) Wherever in ----------------------------- this Trust Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial Owners, such action, notice or instruction may be taken or given by any Certificateholder or Beneficial Owner. (b) Each Certificateholder or Beneficial Owner shall have the right to assert any rights and privileges of a Certificateholder or Beneficial Owner, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Person. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act by a Certificateholder or Beneficial Owner of a Certificate shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner of such Certificate or any Certificate issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificate. (d) Holders Certificateholders of Certificates are beneficial owners of the right to receive principal payments and interest payments to which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders Certificateholders of Certificates, the Depositor, Depositor or the Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s).

Appears in 1 contract

Samples: Trust Agreement (Elmwood Funding LTD)

Actions by Certificateholders. (a) Wherever By its acceptance of Certificates pursuant to this Agreement, each Certificateholder acknowledges and agrees that, wherever in this Trust Agreement a provision is made states that an action may be taken or a notice, demand or instruction given by any Series of Investor Certificateholders, any class of Investor Certificateholders or Beneficial Ownersthe Investor Certificateholders, such the action, notice or instruction may be taken or given by any Certificateholder Holder of an Investor Certificate of the Series or Beneficial Ownerclass or by any Investor Certificateholder, respectively, unless the provision requires a specific percentage of the Series or class of Investor Certificateholders or of all Investor Certificateholders. (b) Each By its acceptance of Certificates pursuant to this Agreement, each Certificateholder acknowledges and agrees that any request, demand, authorization, direction, notice, consent, waiver or Beneficial Owner shall have other act by the right to assert any rights and privileges Holder of a Certificateholder Certificate shall bind the Holder and every subsequent Holder of the Certificate and of any Certificate issued upon the registration of transfer thereof or Beneficial Ownerin exchange therefor or in lieu thereof in respect of anything done or omitted to be done by Trustee or Servicer in reliance thereon, and shall have whether or not notation of the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Personaction is made upon such Certificate. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act action provided by a Certificateholder this Agreement to be given or Beneficial Owner taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by the Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, the action shall become effective when the instrument or instruments are delivered to Trustee and, when required, to Servicer. Proof of execution of any such instrument or of a Certificate writing appointing any such agent shall bind such Certificateholder or Beneficial Owner be sufficient for any purpose of this Agreement and every subsequent Certificateholder or Beneficial Owner conclusive in favor of such Certificate or any Certificate issued upon Trustee and Servicer, if made in the registration of transfer thereof or manner provided in exchange therefor or in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificatethis section. (d) Holders are beneficial owners The fact and date of the right to receive principal payments and interest payments to which execution by any Certificateholder of any such Certificates relate and, as such, will have the right following an event of default with respect to instrument or writing may be proved in any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders of Certificates, the Depositor, the reasonable manner that Trustee or the Securities Intermediary in order to proceed against the Underlying Securities Issuer(s)deems sufficient.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Healthcare Financial Partners Inc)

Actions by Certificateholders. (a) Wherever in this Trust Agreement or any Supplement, a provision is made that an action may be taken or a notice, demand or instruction given by Certificateholders or Beneficial OwnersInvestor Certificateholders, such action, notice or instruction may be taken or given by any Investor Certificateholder of any Series, unless such provision requires a specific percentage of Investor Certificateholders of a certain Series or Beneficial Ownerall Series. (b) Each Certificateholder Any request, demand, authorization, direction, notice, consent, waiver or Beneficial Owner shall have the right to assert any rights and privileges of other action by a Certificateholder shall bind such Certificateholder and every subsequent holder of such Certificate issued upon the registration of transfer thereof or Beneficial Ownerin exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Trustee or the Servicer in reliance thereon, and shall have the right to proceed directly and individually against any Person to enforce any remedies hereunder and shall whether or not be required to act in concert with any other Certificateholder or Beneficial Owner or any other Personnotation of such action is made upon such Certificate. (c) Any request, demand, authorization, direction, notice, consent, waiver or other act action provided by a Certificateholder this Agreement or Beneficial Owner any Supplement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments which are substantially similar and are signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such request, demand, authorization, direction, notice, consent, waiver or other action shall become effective when such instrument or instruments are delivered to the Trustee and, when required, to the Transferor or the Servicer. Proof of execution of any such instrument or of a Certificate writing appointing any such agent shall bind such Certificateholder or Beneficial Owner and every subsequent Certificateholder or Beneficial Owner be sufficient for any purpose of such Certificate this Agreement or any Certificate issued upon Supplement and conclusive in favor of the registration of transfer thereof or Trustee, the Transferor and the Servicer, if made in exchange therefor or the manner provided in lieu thereof in respect of anything done, suffered or omitted to be done by the Certificateholder or Beneficial Owner or the Trustee in reliance thereon, whether or not notation of such action is made upon such Certificatethis Section. (d) Holders are beneficial owners The fact and date of the right to receive principal payments and interest payments to execution by any Certificateholder of any such instrument or writing may be proved in any manner which such Certificates relate and, as such, will have the right following an event of default with respect to any Underlying Security to proceed directly against the Underlying Securities Issuer(s). Such Certificateholders are not required to join other Holders of Certificates, the Depositor, the Trustee or the Securities Intermediary reasonably deems sufficient. (e) The Trustee may require such additional proof of any matter referred to in order to proceed against the Underlying Securities Issuer(s)this Section as it reasonably shall deem necessary.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stone Container Corp)

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