Appointment of Controlling Party. From and after the Closing Date until the Insurer Termination Date, the Insurer shall be the Controlling Party and shall be entitled to exercise all the rights given the Controlling Party hereunder. From and after the Insurer Termination Date until the Trustee Termination Date, the Trustee shall be the Controlling Party. Notwithstanding the foregoing, in the event that an Insurer Default shall have occurred and be continuing, the Trustee shall be the Controlling Party until the applicable Trustee Termination Date. If prior to an Insurer Termination Date the Trustee shall have become the Controlling Party as a result of the occurrence of an Insurer Default and either such Insurer Default is cured or for any other reason ceases to exist or the Trustee Termination Date occurs, then upon such cure or other cessation or on such Trustee Termination Date, as the case may be, the Insurer shall, upon notice thereof being duly given to the Collateral Agent, again be the Controlling Party.
Appears in 12 contracts
Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A), Spread Account Agreement (AmeriCredit Prime Automobile Receivables Trust 2007-2-M), Spread Account Agreement (UPFC Auto Receivables Trust 2006-B)
Appointment of Controlling Party. From and after the Closing Date until the Insurer Termination Date, the Insurer shall be the Controlling Party and shall be entitled to exercise all the rights given the Controlling Party hereunder. From and after the Insurer Termination Date until the Trustee Termination Date, the Trustee shall be the Controlling Party. Notwithstanding the foregoing, in the event that an Insurer Default shall have occurred and be continuing, the Trustee shall be the Controlling Party until the applicable Trustee Termination Date. If prior to an Insurer Termination Date the Trustee shall have become the Controlling Party as a result of the occurrence of an Insurer Default and either such Insurer Default is cured or for any other reason ceases to exist or the Trustee Termination Date occurs, then upon such cure or other cessation or on such Trustee Termination Date, as the case may be, the Insurer shall, upon written notice thereof being duly given to the Collateral Agent, again be the Controlling Party.
Appears in 6 contracts
Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2006-A), Spread Account Agreement (UPFC Auto Receivables Trust 2005-B), Spread Account Agreement (UPFC Auto Receivables Corp.)
Appointment of Controlling Party. From and after the Closing Date until the Insurer Termination Date, the Insurer Financial Security shall be the Controlling Party and shall be entitled to exercise all the rights given the Controlling Party hereunder. From and after the Insurer Termination Date until the Trustee Termination Date, the Trustee shall be the Controlling PartyParty hereunder until the Trustee Termination Date. Notwithstanding the foregoing, in the event that an Insurer a Financial Security Default shall have occurred and be continuing, the Trustee shall be the Controlling Party until the applicable Trustee Termination Date. If prior to an Insurer Termination Date the Trustee shall have become the Controlling Party as a result of the occurrence of an Insurer a Financial Security Default and either such Insurer Financial Security Default is cured or for any other reason ceases to exist or the Trustee Termination Date occurs, then upon such cure or other cessation or on such Trustee Termination Date, as the case may be, the Insurer Financial Security shall, upon notice thereof being duly given to the Collateral Agent, again be the Controlling Party.
Appears in 4 contracts
Samples: Spread Account Agreement (AFS SenSub Corp.), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2007-D-F), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F)
Appointment of Controlling Party. From and after the Closing Date until the Insurer Termination Date, the Insurer Assured Guaranty shall be the Controlling Party and shall be entitled to exercise all the rights given the Controlling Party hereunder. From and after the Insurer Termination Date until the Trustee Termination Date, the Trustee shall be the Controlling PartyParty hereunder until the Trustee Termination Date. Notwithstanding the foregoing, in the event that an Insurer Assured Guaranty Default shall have occurred and be continuing, the Trustee shall be the Controlling Party until the applicable Trustee Termination Date. If prior to an Insurer Termination Date the Trustee shall have become the Controlling Party as a result of the occurrence of an Insurer Assured Guaranty Default and either such Insurer Assured Guaranty Default is cured or for any other reason ceases to exist or the Trustee Termination Date occurs, then upon such cure or other cessation or on such Trustee Termination Date, as the case may be, the Insurer Assured Guaranty shall, upon notice thereof being duly given to the Collateral Agent, again be the Controlling Party.
Appears in 2 contracts
Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2010-B)
Appointment of Controlling Party. From and after the Closing Date until the Insurer Termination Date, the Security Insurer shall be the Controlling Party and shall be entitled to exercise all the rights given the Controlling Party hereunder. From and after the Insurer Termination Date until the Trustee Termination Date, the Indenture Trustee hereby agrees that the Agent shall be the Controlling Party. Notwithstanding the foregoing, in the event that an Insurer Default shall have occurred and be continuing, the Trustee Agent shall be the Controlling Party until the applicable Trustee Termination Date. If prior to an Insurer Termination Date the Trustee Agent shall have become the Controlling Party as a result of the occurrence of an Insurer Default and either such Insurer Default is cured or for any other reason ceases to exist or the Trustee Termination Date occurs, then upon such cure or other cessation or on such Trustee Termination Date, as the case may be, the Security Insurer shall, upon notice thereof being duly given to the Collateral Agent, again be the Controlling Party.
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