Certificateholder or Holder. The Person in whose name a Certificate is registered in the Certificate Register, except that, solely for the purpose of giving any consent, direction, waiver or request pursuant to this Agreement, (x) any Offered Certificate registered in the name of the Seller or the Depositor or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor and (y) any Offered Certificate for which the Seller or the Depositor or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor is the Certificate Owner or Holder shall be deemed not to be outstanding (unless to the knowledge of a Responsible Officer (i) the Seller or such Affiliate is acting as trustee or nominee for a Person who is not an Affiliate of such Seller or the Depositor and who makes the voting decision with respect to such Offered Certificates or (ii) the Seller or the Depositor or such Affiliate is the Certificate Owner or Holder of all the Certificates of a Class, but only with respect to the Class as to which the Seller or the Depositor or such Affiliate owns all the Certificates) and the Percentage Interest evidenced thereby shall not be taken into account in determining whether the requisite amount of Percentage Interests necessary to effect any such consent, direction, waiver or request has been obtained.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-2), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Eq Ln as Bk Cer Se 03 1)
Certificateholder or Holder. The Person in whose name a Certificate is registered in the Certificate Register, except thatthat a Disqualified Organization or a Non‑United States Person shall not be a Holder of a Residual Certificate for any purposes hereof and, solely for the purpose purposes of giving any consent, direction, waiver direction or request taking any other action pursuant to this Agreement, (x) any Offered Certificate registered in the name of the Seller Company or the Depositor Servicer or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor and (y) any Offered Certificate for which the Seller or the Depositor or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor is the Certificate Owner or Holder thereof shall be deemed not to be outstanding (unless to and the knowledge of a Responsible Officer (i) the Seller or such Affiliate is acting as trustee or nominee for a Person who is not an Affiliate of such Seller or the Depositor and who makes the voting decision with respect to such Offered Certificates or (ii) the Seller or the Depositor or such Affiliate is the Certificate Owner or Holder of all the Certificates of a Class, but only with respect to the Class as Voting Rights to which the Seller or the Depositor or such Affiliate owns all the Certificates) and the Percentage Interest evidenced thereby it is entitled shall not be taken into account in determining whether the requisite amount percentage of Percentage Interests Voting Rights necessary to effect any such consent, direction, waiver direction or request other action has been obtained, except as otherwise provided in the definition of “Tax Matters Person.” The Trustee and the NIMS Insurer may conclusively rely upon a certificate of the Company or the Servicer in determining whether a Certificate is held by an Affiliate thereof. All references herein to “Holders” or “Certificateholders” shall reflect the rights of Beneficial Holders as they may indirectly exercise such rights through DTC and DTC Participants, except as otherwise specified herein; provided, however, that the Trustee and the NIMS Insurer shall be required to recognize as a “Holder” or “Certificateholder” only the Person in whose name a Certificate is registered in the Certificate Register.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He1), Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He2), Pooling and Servicing Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He3)
Certificateholder or Holder. The Person in whose name a Certificate is registered in the Certificate Register, except that, solely for the purpose of giving any consent, direction, waiver or request pursuant to this Agreement, (xi) any Offered Certificate registered in the name of the Seller or the Depositor or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor and (y) any Offered Certificate for which the Seller or the Depositor or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor is the Certificate Owner or Holder shall be deemed not to be outstanding (unless to the knowledge of a Responsible Officer (i) of the Seller or such Affiliate Trustee the Depositor is acting as trustee or nominee for a Person who is not an Affiliate of such Seller or the Depositor and who makes the voting decision with respect to such Offered Certificates Certificate) or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate of either the Depositor or the Servicer and (ii) any Certificate for which the Seller Depositor (unless to the knowledge of a Responsible Officer of the Trustee (A) the Depositor is acting as trustee or nominee for a Person who is not an Affiliate of the Depositor and who makes the voting decision with respect to such Certificate or (B) the Depositor is the owner of all the Certificates) or the Servicer or any Person known to a Responsible Officer of the Trustee to be an Affiliate (other than an Affiliate that has purchased any Certificate on the Closing Date) of either the Depositor or such Affiliate the Servicer is the Certificate Owner or Holder of all the Certificates of a Class, but only with respect shall be deemed not to the Class as to which the Seller or the Depositor or such Affiliate owns all the Certificates) be outstanding and the Percentage Interest evidenced thereby shall not be taken into account in determining whether the requisite amount of Percentage Interests necessary to effect any such consent, direction, waiver or request has been obtained.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I)
Certificateholder or Holder. The Person in whose name a Certificate is registered in the Certificate Register, except thatthat neither a Disqualified Organization nor a Non-United States Person shall be a holder of a Class R Certificate for purposes hereof and, solely for the purpose of giving any consent, direction, waiver consent or request direction pursuant to this Agreement, (x) any Offered Certificate Certificate, other than a Class R Certificate, registered in the name of the Seller or Company, the Depositor Servicer or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor and (y) any Offered Certificate for which the Seller or the Depositor Subservicer or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor is the Certificate Owner or Holder thereof shall be deemed not to be outstanding (unless to the knowledge of a Responsible Officer (i) the Seller or such Affiliate is acting as trustee or nominee for a Person who is not an Affiliate of such Seller or the Depositor and who makes the voting decision with respect to such Offered Certificates or (ii) the Seller or the Depositor or such Affiliate is the Certificate Owner or Holder of all the Certificates of a Class, but only with respect to the Class as to which the Seller or the Depositor or such Affiliate owns all the Certificates) and the Percentage Interest or Voting Rights evidenced thereby shall not be taken into account in determining whether the requisite amount of Percentage Interests or Voting Rights necessary to effect any such consent, direction, waiver consent or request direction has been obtained. All references herein to "Holders" or "Certificateholders" shall reflect the rights of Certificate Owners as they may indirectly exercise such rights through the Depository and participating members thereof, except as otherwise specified herein; provided, however, that the Trustee shall be required to recognize as a "Holder" or "Certificateholder" only the Person in whose name a Certificate is registered in the Certificate Register. Class: Collectively, all of the Certificates bearing the same designation.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar6)
Certificateholder or Holder. The Person in whose name a Certificate is registered in the Certificate Register, except thatthat a Disqualified Organization or a Non-United States Person shall not be a Holder of a Residual Certificate for any purposes hereof and, solely for the purpose purposes of giving any consent, direction, waiver direction or request taking any other action pursuant to this Agreement, (x) any Offered Certificate registered in the name of the Seller Company or the Depositor Servicer or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor and (y) any Offered Certificate for which the Seller or the Depositor or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor is the Certificate Owner or Holder thereof shall be deemed not to be outstanding (unless to and the knowledge of a Responsible Officer (i) the Seller or such Affiliate is acting as trustee or nominee for a Person who is not an Affiliate of such Seller or the Depositor and who makes the voting decision with respect to such Offered Certificates or (ii) the Seller or the Depositor or such Affiliate is the Certificate Owner or Holder of all the Certificates of a Class, but only with respect to the Class as Voting Rights to which the Seller or the Depositor or such Affiliate owns all the Certificates) and the Percentage Interest evidenced thereby it is entitled shall not be taken into account in determining whether the requisite amount percentage of Percentage Interests Voting Rights necessary to effect any such consent, direction, waiver direction or request other action has been obtained, except as otherwise provided in the definition of “Tax Matters Person.” The Trustee and the NIMS Insurer may conclusively rely upon a certificate of the Company or the Servicer in determining whether a Certificate is held by an Affiliate thereof. All references herein to “Holders” or “Certificateholders” shall reflect the rights of Beneficial Holders as they may indirectly exercise such rights through DTC and DTC Participants, except as otherwise specified herein; provided, however, that the Trustee and the NIMS Insurer shall be required to recognize as a “Holder” or “Certificateholder” only the Person in whose name a Certificate is registered in the Certificate Register.
Appears in 1 contract
Samples: Pooling and Servicing Agreement
Certificateholder or Holder. The Person in whose name a Certificate is registered in the Certificate Register, except thatthat neither a Disqualified Organization nor a Non-United States Person shall be a holder of a Class R Certificate for purposes hereof and, solely for the purpose of giving any consent, direction, waiver consent or request direction pursuant to this Agreement, (x) any Offered Certificate Certificate, other than a Class R Certificate, registered in the name of the Seller or Depositor, the Depositor Master Servicer or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor and (y) any Offered Certificate for which the Seller or the Depositor Subservicer or any Person known to a Responsible Officer to be an Affiliate of the Seller or the Depositor is the Certificate Owner or Holder thereof shall be deemed not to be outstanding (unless to the knowledge of a Responsible Officer (i) the Seller or such Affiliate is acting as trustee or nominee for a Person who is not an Affiliate of such Seller or the Depositor and who makes the voting decision with respect to such Offered Certificates or (ii) the Seller or the Depositor or such Affiliate is the Certificate Owner or Holder of all the Certificates of a Class, but only with respect to the Class as to which the Seller or the Depositor or such Affiliate owns all the Certificates) and the Percentage Interest or Voting Rights evidenced thereby shall not be taken into account in determining whether the requisite amount of Percentage Interests or Voting Rights necessary to effect any such consent, direction, waiver consent or request direction has been obtained. All references herein to "Holders" or "Certificateholders" shall reflect the rights of Certificate Owners as they may indirectly exercise such rights through the Depository and participating members thereof, except as otherwise specified herein; provided, however, that the Trustee shall be required to recognize as a "Holder" or "Certificateholder" only the Person in whose name a Certificate is registered in the Certificate Register.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc/)