Common use of Control by Noteholders Clause in Contracts

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 20 contracts

Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc)

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Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes The Majority Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 13 contracts

Samples: Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.), Indenture (Horizon Technology Finance Corp)

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes Note Majority shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 8 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 5 contracts

Samples: Note Depository Agreement (Franklin Auto Trust 2004-2), Note Depository Agreement (Franklin Auto Trust 2003-2), Note Depository Agreement (Franklin Receivables Auto Trust 2003-1)

Control by Noteholders. If the Trustee (acting at the direction of Noteholders) is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes Note Majority shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 3 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Control by Noteholders. If the Trustee is the Controlling Party, the The Holders of a majority not less than 66-2/3% in principal amount of the Outstanding Amount Notes of the Notes Controlling Class, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 3 contracts

Samples: Indenture (Trendwest Resorts Inc), Trendwest Resorts Inc, Trendwest Resorts Inc

Control by Noteholders. If the Trustee is the Controlling Party, the The Holders of a majority of the Outstanding Amount of the Notes Notes, voting together as a single Class, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 2 contracts

Samples: WFS Receivables Corp 3, WFS Receivables Corp 3

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided PROVIDED that:

Appears in 2 contracts

Samples: Indenture (TMS Auto Holdings Inc), TMS Auto Holdings Inc

Control by Noteholders. If the Indenture Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes Note Majority 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 provided, however, that:

Appears in 2 contracts

Samples: Indenture (Asset Backed Securities Corp), Asset Backed Securities Corp

Control by Noteholders. If the Indenture Trustee is the Controlling Control Party, the Holders of a majority of the Outstanding Amount of the Notes related Notes, with the consent of the Note Insurer, shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee pursuant to Section 12.1 with respect to the related Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: Advanta Conduit Receivables Inc, Advanta Mortgage Conduit Services Inc

Control by Noteholders. If the Trustee is the Controlling Party, the The Holders of not less than a majority in principal amount of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; , provided that:

Appears in 2 contracts

Samples: Hawthorne Financial Corp, Hawthorne Financial Corp

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Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes Notes, voting together as a single Class, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 2 contracts

Samples: Indenture (WFS Receivables Corp 2), WFS Receivables Corp

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 1 contract

Samples: Indenture (Consumer Portfolio Services Inc)

Control by Noteholders. If the Trustee is the Controlling Party, the The Holders of a majority in principal amount of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; , provided that:

Appears in 1 contract

Samples: Indenture (Transtel S A)

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Note Voting Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided provided, however, that:

Appears in 1 contract

Samples: Indenture (Reliance Acceptance Group Inc)

Control by Noteholders. If the Trustee is the ---------------------- Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided that:

Appears in 1 contract

Samples: TFC Enterprises Inc

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes Note Majority shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided provided, however that:

Appears in 1 contract

Samples: Paragon Auto Receivables Corp

Control by Noteholders. If the Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Trustee with respect to the Notes or exercising any trust or power conferred on the Trustee; provided PROVIDED that:

Appears in 1 contract

Samples: Money Store Home Equity Corp

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