Common use of Acts of Certificateholders Clause in Contracts

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.

Appears in 26 contracts

Samples: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2), Pooling and Servicing Agreement (Harbor View Mortgage Loan Trust 2005-14), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-8)

AutoNDA by SimpleDocs

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 an agent or proxy duly appointed in writing; and, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator and, where it is hereby expressly required under pursuant to this Agreement, to the Master ServicerCompany or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” "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 Company and the Master Servicerany Loan Trustee, if made in the manner provided in this Section 12.11Section.

Appears in 23 contracts

Samples: Trust Agreement (Midway Airlines Corp), Execution (Amtran Inc), Pass Through Trust Agreement (Amtran Inc)

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 or the Securities Administrator and, where when 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 Trustee and the Master ServicerTrust Fund, if made in the manner provided in this Section 12.11.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Dsla 2007-Ar1), Pooling and Servicing Agreement (HarborView 2007-4), Pooling and Servicing Agreement (HarborView 2007-6)

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, Servicer if made in the manner provided in this Section 12.11.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-11), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-15)

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 an agent duly appointed in writing; and, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator Trustee, and, where it is hereby expressly required under this Agreementrequired, to the Master ServicerTransferor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” "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 (subject to Section 7.01 hereof) conclusive in favor of the Trustee, the Securities Administrator Trustee and the Master ServicerTransferor, if made in the manner provided in this Section 12.1113.02.

Appears in 4 contracts

Samples: Trust and Security Agreement (Granite Financial Inc), Trust and Security Agreement (T&w Financial Corp), Trust and Security Agreement (Granite Financial Inc)

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 or 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 Trustee and the Master Servicer, Trust Fund if made in the manner provided in this Section 12.11.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Harborview 2006-6), Pooling and Servicing Agreement (HarborView 2006-13), Pooling and Servicing Agreement (Harborview 2006-2)

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, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator and, where it is hereby expressly required under this Agreementrequired, to the Master ServicerDepositor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “actAct” 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 (subject to Section 9.01) conclusive in favor of the Trustee, the Securities Administrator Trustee and the Master ServicerDepositor, if made in the manner provided in this Section 12.11Section.

Appears in 2 contracts

Samples: Trust Agreement (GNMAG Asset Backed Securitizations, LLC), Trust Agreement (GNMAG Asset Backed Securitizations, LLC)

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 or the Securities Administrator and, where when 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 Trustee and the Master ServicerTrust Fund, if made in the manner provided in this Section 12.11.. 181

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-7)

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 an agent duly appointed in writing; and, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator Trustee, and, where it is hereby expressly required under this Agreementrequired, to the Master ServicerDepositor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” "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 (subject to Section 7.01) conclusive in favor of the Trustee, the Securities Administrator Trustee and the Master ServicerDepositor, if made in the manner provided in this Section 12.1111.02.

Appears in 2 contracts

Samples: Trust Agreement (Point West Capital Corp), Trust Agreement (Point West Capital Corp)

AutoNDA by SimpleDocs

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 Trustee, the Servicer, the Master Servicer, the Securities Administrator and, where expressly required under this Agreement, to and the Master ServicerCustodian. 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 ServicerTrust, if made in the manner provided in this Section 12.1111.10.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American General Finance Inc), Pooling and Servicing Agreement (American General Finance Corp)

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, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator Trustee, and, where it is hereby expressly required under this Agreementrequired, to the Master ServicerDepositor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “actAct” 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 (subject to Section 10.01) conclusive in favor of the Trustee, the Securities Administrator Trustee and the Master ServicerDepositor, if made in the manner provided in this Section 12.11Section.

Appears in 1 contract

Samples: Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)

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, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and Trustee, the Securities Administrator and, where it is hereby expressly required under this Agreementrequired, to the Master ServicerDepositor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “actAct” 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 113 Agreement and (subject to Section 10.01) conclusive in favor of the Trustee, the Securities Administrator and the Master ServicerDepositor, if made in the manner provided in this Section 12.11Section.

Appears in 1 contract

Samples: Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)

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 12.1111.11.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Charlie Mac Trust 2004-2)

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, and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and Trustee, the Securities Administrator and, where it is hereby expressly required under this Agreementrequired, to the Master ServicerDepositor. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “actAct” 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 (subject to Section 10.01) conclusive in favor of the Trustee, the Securities Administrator and the Master ServicerDepositor, if made in the manner provided in this Section 12.11Section.

Appears in 1 contract

Samples: Deposit Trust Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.