Control by Noteholders. The Holders of Notes representing more than 50% of the Note Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 9 contracts
Samples: Indenture (Wachovia Mortgage Loan Trust, LLC), Indenture (Wachovia Mortgage Loan Trust, LLC), Wachovia Asset Funding Trust, LLC
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of all of the Classes on the applicable Record Date shall, with the written consent of the Note InsurerInsurer (a copy of which shall be provided to the Indenture Trustee), have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 5 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (Accredited Mortgage Loan Trust 2003-3), Indenture (Accredited Home Lenders Accredited Mort Loan Trust 2002-2)
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of both Classes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 5 contracts
Samples: Subsequent Pledge Agreement (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp), Subsequent Pledge Agreement (Prudential Securities Secured Financing Corp)
Control by Noteholders. The Subject to Section 8.16 hereof, the Holders of Notes representing more than 50% of the Note Balance of the Outstanding Notes of a Class of Notes on the applicable Record Date shall, with the consent of the Note InsurerInsurer in the absence of a Note Insurer Default, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 3 contracts
Samples: Sub Servicing Agreement (Residential Asset Funding Corp), Indenture (Residential Asset Funding Corp), Residential Asset Funding Corp
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note Insurer, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 3 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2004-3), Indenture (Bear Stearns Asset Backed Securities Inc), Morgan Stanley Abs Capital I Inc
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of both Classes on the applicable Record Date shall, with the written consent of the Note InsurerInsurer (a copy of which shall be provided to the Indenture Trustee), have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 3 contracts
Samples: Indenture (Accredited Mortgage Loan Trust 2004-2), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan REIT Trust)
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 3 contracts
Samples: Indenture (American Business Financial Services Inc /De/), Indenture (Bear Stearns Asset Backed Securities Inc), Prudential Securities Secured Financing Corp
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of all of the Classes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 3 contracts
Samples: Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1), Indenture (Prudential Securities Secured Financing Corp), Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)
Control by Noteholders. The Note Insurer or the Holders of Notes representing more not less than 5066-2/3% of the aggregate Note Balance Balances of the Outstanding Notes on the applicable Record Date shall, (with the consent of the Note Insurer, ) 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:
Appears in 2 contracts
Samples: Manufactured Housing Contract (Origen Residential Securities, Inc.), Servicing Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A)
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Balance of the Outstanding Notes on the applicable Record Date shall, [with the consent of the Note Insurer, ,] have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 2 contracts
Samples: Indenture (National Mortgage Securities Corp), Indenture (Southpoint Residential Mortgage Securities Corp)
Control by Noteholders. The Holders of Secured Notes representing more than 50% of the Note Principal Balance of the Outstanding Secured Notes on the applicable Record Date shall, with the consent of the Note InsurerPurchaser, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 2 contracts
Samples: Execution Version (American Business Financial Services Inc /De/), American Business Financial Services Inc /De/
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Balance of the Outstanding Notes of both Classes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 2 contracts
Samples: Indenture (Prudential Securities Secured Financing Corp), Home Equity Securitization Corp
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note Insurer, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 1 contract
Samples: Wells Fargo Asset Securities Corp
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of all of the Classes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:
Appears in 1 contract
Control by Noteholders. The Holders of Secured Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note InsurerPurchaser, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 1 contract
Samples: Indenture (American Business Financial Services Inc /De/)
Control by Noteholders. The Holders of Notes of both Classes representing more than 50% of the Note Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 1 contract
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of both of the Classes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:: such direction shall not be in conflict with any rule of law or with this Indenture;
Appears in 1 contract
Samples: Indenture (Prudential Securities Secured Financing Corp)
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes on the applicable Record Date shall, with the consent of the Note InsurerInitial Purchaser, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 1 contract
Samples: Execution (American Business Financial Services Inc /De/)
Control by Noteholders. The Holders of Notes representing more than 50% of the Note Principal Balance of the Outstanding Notes of both of the Classes on the applicable Record Date shall, with the consent of the Note Insurer, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee or exercising any trust or power conferred on the Indenture Trustee; provided that:
Appears in 1 contract
Samples: Indenture (Prudential Securities Secured Financing Corp)