Control by Certificateholders. Subject to Section 2.03, the ----------------------------- Holders of a majority of the Outstanding Amount of the Certificates of all Series (or, if less than all Series or Classes are affected, the affected Series or Class or Classes) shall have the right to direct the (a) such direction shall not be in conflict with any rule of law or with this Trust Agreement and would not involve the Certificate Trustee in personal liability or expense; (b) the Certificate Trustee shall not determine that the action so directed would be unjustly prejudicial to the Holders of Certificates of such Series or Class or Classes not taking part in such direction; (c) the Certificate Trustee may take any other action deemed proper by the Certificate Trustee that is not inconsistent with such direction; and (d) if a Note Event of Default with respect to such Series or Class of Notes shall have occurred and be continuing, such direction shall not obligate the Certificate Trustee to vote more than a corresponding majority of the related Notes held by the Trust in favor of declaring the unpaid principal amount of the Notes of all Series and accrued interest thereon to be due and payable or directing any action by the Note Trustee with respect to such Note Event of Default.
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Samples: Declaration and Agreement of Trust (Pg&e Funding LLC), Declaration and Agreement of Trust (Sce Funding LLC), Declaration and Agreement of Trust (Sdg&e Funding LLC a De Limited Liability Co)
Control by Certificateholders. Subject to Section 2.03, the ----------------------------- The Holders of a majority of the Outstanding Amount of the Certificates of all Series (or, if less than all Series or Classes are affected, the affected Series or Class or Classes) shall have the right to direct thethe time, method and place of conducting any proceeding for any remedy available to the Certificate Trustee, or exercising any trust or power conferred on the Certificate Trustee under this Certificate Indenture, including any right of the Certificate Trustee as holder of the Notes of the corresponding Class or Classes, in each case unless a different percentage is specified herein; provided, however, that:
(a) such direction shall not be in conflict with any rule of law or with this Trust Agreement Certificate Indenture and would not involve the Certificate Trustee in personal liability or expense;
(b) the Certificate Trustee shall not determine that the action so directed would be unjustly prejudicial to the Holders of Certificates of such Series or Class or Classes not taking part in such direction;
(c) the Certificate Trustee may take any other action deemed proper by the Certificate Trustee that is not inconsistent with such direction; and
(d) if a Note Event of Default with respect to such Series or Class of Notes shall have occurred and be continuing, such direction shall not obligate the Certificate Trustee to vote more than a corresponding majority of the related Notes held by the Trust Certificate Issuer in favor of declaring the unpaid principal amount of the Notes of all Series and accrued interest thereon to be due and payable or directing any action by the Note Trustee with respect to such Note Event of Default.
Appears in 3 contracts
Samples: Certificate Indenture (Boston Edison Co), Certificate Indenture (Cl&p Funding LLC), Certificate Indenture (Cl&p Funding LLC)
Control by Certificateholders. Subject to Section 2.03, the The Certificateholders ----------------------------- Holders of evidencing Fractional Undivided Interests aggregating not less than a majority of in interest in the Outstanding Amount of the Certificates of all Series (or, if less than all Series or Classes are affected, the affected Series or Class or Classes) Trust shall have the right to direct thethe time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee under this Trust Agreement, including any right of the Trustee as holder of the Secured Notes, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Trust Agreement and would not involve the Certificate Trustee in personal liability or expense;,
(b2) the Certificate Trustee shall not determine that the action so directed would be unjustly prejudicial to the Holders of Certificates of such Series or Class or Classes Certificateholders not taking part in such direction;,
(c3) the Certificate Trustee may take any other action deemed proper by the Certificate Trustee that which is not inconsistent with such direction; , and
(d4) if a Note any Indenture Event of Default with respect to such Series or Class of Notes shall have occurred and be continuing, such direction shall not obligate the Certificate Trustee to vote more than a corresponding majority of the related Secured Notes held by the Trust in favor of declaring the unpaid principal amount of the Notes of all Series and accrued interest thereon to be due and payable or directing any action by the Note Indenture Trustee with respect to such Note Indenture Event of Default.
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Control by Certificateholders. Subject to Section 2.03, the ----------------------------- The Holders of a majority of the Outstanding Amount of the Certificates of all Series (or, if less than all Series or Classes are affected, the affected Series or Class or Classes) shall have the right to direct thethe time, method and place of conducting any proceeding for any remedy available to the Certificate Trustee, or exercising any trust or power conferred on the Certificate Trustee under this Certificate Indenture, including any right of the Certificate Trustee as holder of the Notes of the corresponding Class or Classes, in each case unless a different percentage is specified herein; provided, however, that:
(a) such direction shall not be in conflict with any rule of law or with this Trust Agreement and would not involve the Certificate Trustee in personal liability or expenseIndenture;
(b) the Certificate Trustee shall not determine that the action so directed would be unjustly prejudicial to the Holders of Certificates of such Series or Class or Classes not taking part in such direction;
(c) the Certificate Trustee may take any other action deemed proper by the Certificate Trustee that is not inconsistent with such direction; and
(d) if a Note Event of Default with respect to such Series or Class of Notes shall have occurred and be continuingexcept as set forth in Section 5.01(a), such direction shall not obligate the Certificate Trustee to vote more than a corresponding majority of the related Notes held by the Trust in favor of declaring the unpaid principal amount of the Notes of all Series and accrued interest thereon to be due and payable or Certificate Issuer directing any action by the Note Trustee with respect to such Note Event of Default.Trustee;
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