Common use of Amendments to Governing Documents Clause in Contracts

Amendments to Governing Documents. The Indenture Trustee shall, upon a Trust Request, consent to any proposed amendment to the Trust's governing documents, or an amendment to or waiver of any provision of any other document relating to the Trust's governing documents, such consent to be given with the consent of the majority Holders of all the Outstanding Secured Notes and the Note Purchaser, except that such consent to any proposed amendment to or waiver of any of the Special Purpose Provisions (as such term is defined in Section 11.01 of the Trust Agreement) shall be given with the consent of all of the Holders of the Outstanding Secured Notes and the Note Purchaser, upon receipt by the Indenture Trustee of an Officer's Certificate, to which such proposed amendment or waiver shall be attached, stating that such attached copy is a true copy of the proposed amendment or waiver and that all conditions precedent to such consent specified in this Section 9.07 have been satisfied. Notwithstanding the foregoing, the Indenture Trustee may decline to consent to a proposed waiver or amendment that adversely affects its own rights, duties or immunities under this Indenture. Nothing in this Section 9.07 shall be construed to require that any Person obtain the consent of the Indenture Trustee to any amendment or waiver or any provision of any document where the making of such amendment or the giving of such waiver without obtaining the consent of the Indenture Trustee is not prohibited by this Indenture or by the terms of the document that is the subject of the proposed amendment or waiver.

Appears in 2 contracts

Samples: Execution Version (American Business Financial Services Inc /De/), American Business Financial Services Inc /De/

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Amendments to Governing Documents. The Indenture Trustee shall, upon a Trust Request, consent to any proposed amendment to the Trust's governing documents, or an amendment to or waiver of any provision of any other document relating to the Trust's governing documents, such consent to be given with without the necessity of obtaining the consent of the majority Holders of all the Outstanding any Secured Notes and the Note Purchaser, except that such consent to any proposed amendment to or waiver of any of the Special Purpose Provisions (as such term is defined in Section 11.01 of the Trust Agreement) shall be given with the consent of all of the Holders of the Outstanding Secured Notes and the Note Purchaser, upon receipt by the Indenture Trustee of an Officer's Certificate, to which such proposed amendment or waiver shall be attached, stating that such attached copy is a true copy of the proposed amendment or waiver and that all conditions precedent to such consent specified in this Section 9.07 have been satisfied. Notwithstanding the foregoing, the Indenture Trustee may decline to consent to a proposed waiver or amendment that adversely affects its own rights, duties or immunities under this IndentureIndenture or otherwise. Nothing in this Section 9.07 shall be construed to require that any Person obtain the consent of the Indenture Trustee to any amendment or waiver or any provision of any document where the making of such amendment or the giving of such waiver without obtaining the consent of the Indenture Trustee is not prohibited by this Indenture or by the terms of the document that is the subject of the proposed amendment or waiver.

Appears in 1 contract

Samples: Indenture (American Business Financial Services Inc /De/)

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Amendments to Governing Documents. The Indenture Trustee shall, upon a Trust Request, consent to any proposed amendment to the Trust's governing documents, or an amendment to or waiver of any provision of any other document relating to the Trust's governing documents, such consent to be given with without the necessity of obtaining the consent of the majority Holders of all the Outstanding Secured any Notes and the Note Purchaser, except that such consent to any proposed amendment to or waiver of any of the Special Purpose Provisions (as such term is defined in Section 11.01 of the Trust Agreement) shall be given with the consent of all of the Holders of the Outstanding Secured Notes and the Note Purchaser, upon receipt by the Indenture Trustee of an Officer's Certificate, to which such proposed amendment or waiver shall be attached, stating that such attached copy is a true copy of the proposed amendment or waiver and that all conditions precedent to such consent specified in this Section 9.07 have been satisfied. Notwithstanding the foregoing, the Indenture Trustee may decline to consent to a proposed waiver or amendment that adversely affects its own rights, duties or immunities under this IndentureIndenture or otherwise. Nothing in this Section 9.07 shall be construed to require that any Person obtain the consent of the Indenture Trustee to any amendment or waiver or any provision of any document where the making of such amendment or the giving of such waiver without obtaining the consent of the Indenture Trustee is not prohibited by this Indenture or by the terms of the document that is the subject of the proposed amendment or waiver.

Appears in 1 contract

Samples: Execution (American Business Financial Services Inc /De/)

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