Control by Controlling Note Class of Noteholders. Subject to Section 11.10, the Holders of a majority of the Outstanding Amount of the Controlling Note Class of Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that: (a) such direction shall not be in conflict with any rule of law or with this Indenture; (b) subject to the express terms of Section 9.04, any direction to the Indenture Trustee to sell or liquidate the Trust Estate shall be by the Holders of Notes representing not less than 100% of the Outstanding Amount of the Notes; (c) the Indenture Trustee may take any other action deemed proper by the Indenture Trustee that is not inconsistent with such direction; and (d) such direction shall be in writing.
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Samples: Indenture (Capital One Auto Finance Trust 2002-C), Indenture (Capital One Auto Receivables LLC)
Control by Controlling Note Class of Noteholders. Subject to Section 11.10, the Holders of a majority of the Aggregate Outstanding Amount Principal Balance of the Controlling Note Class of Notes shall have the right to direct the time, method and place of 109 2003-A Indenture conducting any proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture;
(b) subject to the express terms of Section 9.04, any direction to the Indenture Trustee to sell or liquidate the Trust Estate shall be by the Holders of Notes representing not less than 100% of the Aggregate Outstanding Amount Principal Balance of the Notes;
(c) the Indenture Trustee may take any other action deemed proper by the Indenture Trustee that is not inconsistent with such direction; and
(d) such direction shall be in writing.
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Control by Controlling Note Class of Noteholders. Subject to Section 11.10, the Holders of a majority of the Outstanding Amount of the Controlling Note Class of Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture;; 105
(b) subject to the express terms of Section 9.04, any direction to the Indenture Trustee to sell or liquidate the Trust Estate shall be by the Holders of Notes representing not less than 100% of the Outstanding Amount of the Controlling Note Class of Notes;
(c) the Indenture Trustee may take any other action deemed proper by the Indenture Trustee that is not inconsistent with such direction; and
(d) such direction shall be in writing.
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Samples: Indenture (Capital One Auto Receivables Trust 2001-B)
Control by Controlling Note Class of Noteholders. Subject to Section 11.10, the Holders of a majority of the Outstanding Amount of the Controlling Note Class of Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture;
(b) subject to the express terms of Section 9.04, any direction to the Indenture Trustee to sell or liquidate the Trust Estate shall be by the Holders of Notes representing not less than 100% of the Outstanding Amount of the Controlling Note Class of Notes;
(c) the Indenture Trustee may take any other action deemed proper by the Indenture Trustee that is not inconsistent with such direction; and
(d) such direction shall be in writing.;
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Control by Controlling Note Class of Noteholders. Subject to Section 11.10, the Holders of a majority of the Outstanding Amount of the Controlling Note Class of Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture;
(b) subject to the express terms of Section 9.04, any direction to the Indenture Trustee to sell or liquidate the Trust Estate shall be by the Holders of Notes representing not less than 100% of the Outstanding Amount of the Controlling Note Class of Notes;
(c) the Indenture Trustee may take any other action deemed proper by the Indenture Trustee that is not inconsistent with such direction; and
(d) such direction shall be in writing.. 103
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