Certain Matters Regarding the Insurer. So long as an Insurer Default shall not have occurred and be continuing, the Insurer shall have the right to exercise all rights, including voting rights, which the Noteholders or Owners are entitled to exercise pursuant to this Agreement, without any consent of such Noteholders or Owners; provided, however, that without the consent of each Noteholder or Owner affected thereby, the Insurer shall not exercise such rights to amend this Agreement in any manner that would (i) reduce the amount of, or delay the timing of, collections of payments on the Contracts or distributions which are required to be made on any Note or Residual Interest Instrument, (ii) adversely affect in any material respect the interests of the Owners of any Notes or Residual Interest Instruments, or (iii) alter the rights of any such Owner to consent to such amendment. Notwithstanding any provision in this Agreement (except Section 4.06) to the contrary, in the event an Insurer Default shall have occurred and be continuing, the Insurer shall not have the right to take any action under this Agreement or to control or direct the actions of the Trust, the Depositor, the Owner Trustee or the Trust Agent pursuant to the terms of this Agreement, nor shall the consent of the Insurer be required with respect to any action (or waiver of a right to take action) to be taken by the Trust, the Depositor, the Owner Trustee, the Trust Agent or the Owners of the Notes or the Residual Interest Instruments; provided, that the consent of the Insurer shall be required at all times with respect to any amendment of this Agreement; and provided further, that notwithstanding the foregoing, each of the provisions in Section 4.06(a) of this Agreement shall continue to be effective notwithstanding that an Insurer Default may have occurred and be continuing.
Certain Matters Regarding the Insurer. So long as an Insurer Default shall not have occurred and be continuing, the Insurer shall have the right to exercise all rights, including voting rights, which the Noteholders or Owners are entitled to exercise pursuant to this Agreement, without any consent of such Noteholders or Owners; provided, however, that without the consent of each Noteholder or Owner affected thereby, the Insurer shall not exercise such rights to amend this Agreement in any manner that would (i) reduce the amount of, or delay the timing of, collections of payments on the Contracts or distributions which are required to be made on any Note or Residual Interest Instrument, (ii) adversely affect in any material respect the interests of the Owners of any Notes or Residual Interest Instruments, or (iii) alter the rights of any such Owner to consent to such amendment. Notwithstanding any provision in this Agreement to the contrary, in the event an Insurer Default shall have occurred and be continuing, the Insurer shall not have the right to take any action under this Agreement or to control or direct the actions of the Trust, the Depositor, the Owner Trustee or the Trust Agent pursuant to the terms of this Agreement, nor shall the consent of the Insurer be required with respect to any action (or waiver of a right to take action) to be taken by the Trust, the Depositor, the Owner Trustee, the Trust Agent or the Owners of the Notes or the Residual Interest Instruments; provided, that the consent of the Insurer shall be required at all times with respect to any amendment of this Agreement.
Certain Matters Regarding the Insurer. Notwithstanding any provision in this Agreement to the contrary, in the event an Insurer Default shall have occurred and be continuing, the Insurer shall not have the right to take any action under this Agreement or to control or direct the actions of the Issuer, the Administrator, the Indenture Trustee, the Seller, the Owner Trustee or the Trust Agent pursuant to the terms of this Agreement, nor shall the consent of the Insurer be required with respect to any action (or waiver of right to take action) to be taken by the Issuer, the Administrator, the Indenture Trustee, the Seller, the Owner Trustee, the Trust Agent or the holders of the Notes or the Residual Interest Instruments; provided, that the consent of the Insurer shall be required at all times with respect to any amendment of this Agreement.
Certain Matters Regarding the Insurer. Section 12.01.
Certain Matters Regarding the Insurer. So long as an Insurer Default shall not have occurred and be continuing, the Insurer shall have the right to exercise all rights, including voting rights, which the Noteholders are entitled to exercise pursuant to this Indenture, without any consent of such Noteholders, subject to any rights specifically granted to Noteholders in respect of amendments to this Agreement pursuant to Sections 3.07(e) and 9.
Certain Matters Regarding the Insurer. RIGHTS OF THE INSURER TO EXERCISE RIGHTS OF CLASS A NOTEHOLDERS......................59 SECTION 9.02. INDENTURE TRUSTEE TO ACT SOLELY WITH CONSENT OF THE INSURER..........................59 SECTION 9.03. TRUST PROPERTY AND ACCOUNTS HELD FOR BENEFIT OF THE INSURER..........................60 SECTION 9.04.
Certain Matters Regarding the Insurer. 51 SECTION 11.1. Rights of the Insurer to Exercise Rights of Class A Noteholders..............................51
Certain Matters Regarding the Insurer. Rights of the Insurer to Exercise Rights of Insured Certificateholders................................130 Section 12.02. Claims Upon the Policy; Insurance Account....................130 Section 12.03. Effect of Payments by the Insurer; Subrogation..............131 Section 12.04. Notices and Information to the Insurer.......................131 Section 12.05. Trustee to Hold Policy.......................................132 Section 12.06. Payment of Insurance Premium.................................132 Signatures Acknowledgments Exhibit A Form of Class A Certificate Exhibit B-1 Form of Class M Certificate Exhibit B-2 Form of Class C Certificate Exhibit B-3 Form of Class P Certificate Exhibit B-4 Form of Class R Certificate Exhibit C Form of Trustee Initial Certification Exhibit D Form of Trustee Final Certification Exhibit E Form of Remittance Report Exhibit F Form of Request for Release of Documents Exhibit G-1 Form of Investor Representation Letter Exhibit G-2 Form of Transferor Representation Letter Exhibit G-3 Form of Rule 144A Investment Representation Exhibit G-4 Form of Transferor Certificate for Transfers of Residual Certificates Exhibit G-5 Form of Transfer Affidavit and Agreement for Transfers of Residual Certificates Exhibit H Mortgage Loan Schedule Exhibit I [Reserved] Exhibit J [Reserved] Exhibit K Form of Assignment Agreement Exhibit L-1 Form 10-K Certification Exhibit L-2 Form 10-K Back-up Certification (Master Servicer) Exhibit L-3 Form 10-K Back-up Certification (Trustee) Exhibit M-1 Cenlar Servicing Agreement Exhibit M-2 Option One Servicing Agreement Exhibit N Form of Custodial Agreement Exhibit O [Reserved] Exhibit P Form of Mortgage Loan Purchase Agreement Exhibit Q Certificate Guaranty Insurance Policy Exhibit R Schedule of Corridor Contract Notional Balances Exhibit S Schedule of Monthly Strike Rates This Pooling and Servicing Agreement, dated and effective as of November 1, 2004, is entered into among Homestar Mortgage Acceptance Corp., as company (the "Company"),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 HSBC Bank USA, National Association, as trustee (the "Trustee").
Certain Matters Regarding the Insurer. Notwithstanding ------------------------------------- any provision in this Agreement to the contrary, in the event an Insurer Default (as defined in the Sale and Servicing Agreement) shall have occurred and be continuing, the Insurer shall not have the right to take any action under this Agreement or to control or direct the actions of the Issuer, the Administrator, the Indenture Trustee, the Seller or the Owner Trustee pursuant to the terms of this Agreement, nor shall the consent of the Insurer be required with respect to any action (or waiver of right to take action) to be taken by the Issuer, the Administrator, the Indenture Trustee, the Seller, the Owner Trustee or the Holders of the Notes; provided that the consent -------- of the Insurer shall be required at all times (which consent, so long as an Insurer Default has occurred and is continuing, shall not be unreasonably withheld) with respect to any amendment of this Agreement.
Certain Matters Regarding the Insurer. SECTION 13.01. Exercise of Rights of Holder of the Insured Certificates.
SECTION 13.02. Trustee and Securities Administrator to Act Solely with Consent of Insurer.
SECTION 13.03. Trust Fund and Accounts Held for Benefit of Insurer.
SECTION 13.04. Claims Upon the Policy; Policy Payments Account.
SECTION 13.05. Effect of Payments by Insurer; Subrogation.
SECTION 13.06. Notices to Insurer. SECTION 13.07. Third Party Beneficiary. SECTION 13.08. Ratings Assigned Without Regard to Policy. SECTION 13.09. Trustee to Hold the Policy.
