Common use of Actions of Securityholders Clause in Contracts

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, the Seller, the Servicer or the Issuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Seller, the Servicer and the Issuer if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp)

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Actions of Securityholders. (a) Any Subject to Section 11.01, any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by an agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, the SellerDepositor, the Servicer or the Issuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the SellerDepositor, the Servicer and the Issuer if made in the manner provided in this SectionSection 11.11.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc), Sale and Servicing Agreement (Hercules Technology Growth Capital Inc)

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by an agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeDepositor, the SellerServicer, the Servicer Indenture Trustee or the Issuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the SellerDepositor, the Servicer Servicer, the Indenture Trustee and the Issuer if made in the manner provided in this SectionSection 12.12.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hsi Asset Securitization Corp), Sale and Servicing Agreement (Hsi Asset Securitization Corp)

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeDepositor, the SellerANB, ABC, the Servicer or the Issuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the SellerDepositor, ANB, ABC, the Servicer and the Issuer if made in the manner provided in this SectionSection 11.12.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Advanta Corp), Sale and Servicing Agreement (Advanta Corp)

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, the Seller, the Servicer or the Issuer, as applicable. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Indenture Trustee, the Seller, the Servicer and the Issuer if made in the manner provided in this Section.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by an agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeDepositor, the SellerLoan Originator, the Servicer or the Issuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the SellerDepositor, the Loan Originator, the Servicer and the Issuer if made in the manner provided in this SectionSection 11.12.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

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Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeTrustee and, where required, to the Issuer, the Seller, the Servicer Seller or the IssuerServicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the SellerIndenture Trustee, the Servicer Seller and the Issuer Servicer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1)

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture TrusteeDepositor, the SellerServicer, the Servicer Indenture Trustee or the IssuerIssuing Entity. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the SellerDepositor, the Servicer Servicer, the Indenture Trustee and the Issuer Issuing Entity if made in the manner provided in this SectionSection 12.12.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bcap LLC)

Actions of Securityholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Securityholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Securityholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee, the Seller, the Servicer or the Issuer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Seller, the Servicer and the Issuer if made in the manner provided in this Section.

Appears in 1 contract

Samples: Subsequent Transfer Agreement (Firstplus Investment Corp)

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