Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by the Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing, and such action shall become effective when such instrument or instruments are delivered to the Trustee and the Servicer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” of the Certificateholders signing such instrument or instruments. 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 Trustee and the Trust, if made in the manner provided in this Section 11.11.
Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is expressly required, to the Depositor. 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 Trustee and the Depositor, if made in the manner provided in this Section 11.05.
Acts of Certificateholders. Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree to take such action or give such consent or approval.
Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by the Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing, and such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator and, where expressly required under this Agreement, to the Master Servicer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” of the Certificateholders signing such instrument or instruments. 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 Trustee, the Securities Administrator and the Master Servicer, if made in the manner provided in this Section 12.11.
Acts of Certificateholders a. Except as otherwise specifically provided herein, whenever Certificateholder approval, authorization, direction, notice, consent, waiver or other action is required hereunder, such approval, authorization, direction, notice, consent, waiver or other action shall be deemed to have been given or taken on behalf of, and shall be binding upon, all Certificateholders if agreed to by Holders of Certificates of the specified Class or Classes evidencing, as to each such Class, Percentage Interests aggregating 51% or more.
Acts of Certificateholders. Section 11.12 Assumption of Auction Administration Agreement and Swap Agreement......................................................... EXHIBITS: Exhibit A-1 Form of Class A-1 Certificates Exhibit A-2 Form of Class A-2 Certificates Exhibit A-IO Form of Class AIO Certificates Exhibit A-IO-INV Form of Class AIO-INV Certificates Exhibit B Form of Class B Certificates Exhibit C-1 Form of Class R Certificate Exhibit C-2 Form of Class M-1 Certificates Exhibit C-3 Form of Class M-2 Certificates Exhibit C-4 Form of Class M-3 Certificates Exhibit C-5 Form of Class M-4 Certificates Exhibit C-6 Form of Class M-5 Certificates Exhibit C-7 Form of Class M-6 Certificates Exhibit C-8 Form of Class CE Certificates Exhibit C-9 Form of Class P Certificates Exhibit D-1 Group 1 Mortgage Loan Schedule Exhibit D-2 Group 2 Mortgage Loan Schedule Exhibit E Form of Request for Release Exhibit F-1 Form of Trustee's Initial Certification Exhibit F-2 Form of Trustee's Final Certification Exhibit F-3 Form of Receipt of Mortgage Note Exhibit G Mortgage Loan Purchase Agreement Exhibit H Form of Lost Note Affidavit Exhibit I Form of ERISA Representation Exhibit J Form of Investment Letter Exhibit K Form of Class R Certificate Transfer Affidavit Exhibit L Form of Transferor Certificate Exhibit M Monthly Information Provided by Master Servicer Exhibit N Form of Yield Maintenance Agreement Exhibit O Form of Auction Administration Agreement Exhibit P Form of Swap Agreement Exhibit Q Form of Certification Exhibit R-1 Form of Certification of the Trustee to be Provided to Depositor Exhibit R-2 Form of Certification of the Master Servicer to be Provided to Depositor Schedule I Prepayment Charge Schedule Exhibit A-1 Form of Class A-1 Certificates Exhibit A-2 Form of Class A-2 Certificates Exhibit A-IO Form of Class AIO Certificates Exhibit A-IO-INV Form of Class AIO-INV Certificates Exhibit B Form of Class B Certificates Exhibit C-1 Form of Class R Certificate Exhibit C-2 Form of Class M-1 Certificates Exhibit C-3 Form of Class M-2 Certificates Exhibit C-4 Form of Class M-3 Certificates Exhibit C-5 Form of Class M-4 Certificates Exhibit C-6 Form of Class M-5 Certificates Exhibit C-7 Form of Class M-6 Certificates Exhibit C-8 Form of Class CE Certificates Exhibit C-9 Form of Class P Certificates Exhibit D-1 Group 1 Mortgage Loan Schedule Exhibit D-2 Group 2 Mortgage Loan Schedule Exhibit E Form of Request for Release Exhibit F-1 Form of Trustee's Initial Certification Exhibit F-2 Form of Trustee'...
Acts of Certificateholders. 115 Section 11.06 Governing Law....................................................................116 Section 11.07 Notices..........................................................................116 Section 11.08 Severability of Provisions.......................................................117 Section 11.09 Successors and Assigns...........................................................117 Section 11.10 Article and Section Headings.....................................................117 Section 11.11 Counterparts.....................................................................117 Section 11.12 Notice to Rating Agencies........................................................117 EXHIBITS Exhibit A-1 - Form of Class A and Class M Certificates Exhibit A-2 - Form of Class B Certificates Exhibit A-3 - Form of Class R Certificates Exhibit B - Mortgage Loan Schedule Exhibit C - [Reserved] Exhibit D - Request for Release of Documents Exhibit E-1 - Form of Transfer Affidavit pursuant to Section 860E(e)(4) Exhibit E-2 - Form of Transferor Certificate Exhibit F-1 - Form of Transferor Representation Letter Exhibit F-2 - Form of Investor Representation Letter Exhibit F-3 - Form of Rule 144A Letter Exhibit G - Form of Custodial Agreement Exhibit H-1 to H-5 - Servicing Agreements Exhibit I-1 to I-5 - Assignment Agreements Exhibit J - Mortgage Loan Purchase Agreement Exhibit K - Form Certification to be Provided by the Master Servicer with Form 10-K POOLING AND SERVICING AGREEMENT ------------------------------- This Pooling and Servicing Agreement is dated as of January 1, 2005 (the "Agreement"), among XXXXXXX XXXXX MORTGAGE INVESTORS, INC., as depositor (the "Depositor"), XXXXX FARGO BANK, N.A., as master servicer (in such capacity, the "Master Servicer") and as securities administrator (in such capacity, the "Securities Administrator") and WACHOVIA BANK, NATIONAL ASSOCIATION, as trustee (the "Trustee").
Acts of Certificateholders. (a) Any direction, consent, waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy 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 Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of such Trust Supplement and conclusive in favor of the Trustee, the Company and the related Loan Trustee, if made in the manner provided in this Section.
Acts of Certificateholders. 97 Section 11.03 Amendment....................................................................................98 Section 11.04 Recordation of Agreement.....................................................................98 Section 11.05
Acts of Certificateholders. (a) Any request, demand, -------------------------- authorization, direction, notice, consent, waiver or other action provided by this Trust Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agents 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 Certificate Trustee, and, where it is hereby expressly required, to the Originator and the Note Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Trust Agreement and (subject to Article VI) conclusive in favor of the Certificate Trustee, the Originator and the Note Trustee, if made in the manner provided in this Section.
