Common use of Control by Owners Clause in Contracts

Control by Owners. Either (x) the Certificate Insurer or (y) with the consent of the Certificate Insurer, the Owners of a majority of the Percentage Interests represented by each Class of Class A Certificates then Outstanding or, if there are no Class A Certificates then Outstanding, by such majority of the Percentage Interests represented by any Class of Class B Certificates then Outstanding, may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, provided that: (1) such direction shall not be in conflict with any rule of law or with this Agreement; (2) the Trustee shall have been provided with indemnity satisfactory to it; and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; provided, however, that the Trustee need not take any action which it determines might involve it in liability or may be unjustly prejudicial to the Owners not so directing.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Access Financial Lending Corp)

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Control by Owners. Either (x) the Certificate Insurer or (y) with the consent of the Certificate Insurer, the The Owners of a majority of the Percentage Interests represented by each Class of Class A the Offered Certificates then Outstanding or, if there are no Class A longer any Offered Certificates then Outstanding, by such majority of the Percentage Interests represented by any the Class of Class B R Certificates then Outstanding, Outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the TrusteeTrustee with respect to the Certificates or exercising any trust or power conferred on the Trustee with respect to the Certificates or the Trust Estate, including, but not limited to, those powers set forth in Section 6.03 and Section 8.20 hereof, provided that: (1) such direction shall not be in conflict with any rule of law or with this Agreement; (2) the Trustee shall have been provided with indemnity satisfactory to it; and (3) the Trustee may take any other action deemed proper by the Trustee Trustee, as the case may be, which is not inconsistent with such direction; provided, however, that the Trustee Seller or the Trustee, as the case may be, need not take any action which it determines might involve it in liability or may be unjustly prejudicial to the Owners not so directing.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1), Pooling and Servicing Agreement (Amresco Residential Securities Corp)

Control by Owners. Either (x) the Certificate Insurer or (y) with the consent of the Certificate Insurer, the The Owners of a majority of the Percentage Interests represented by each Class of Class A the Offered Certificates then Outstanding or, or if there are no Class A longer any Offered Certificates then Outstanding, by such majority of the Percentage Interests represented by any the Class of Class B R Certificates then Outstanding, Outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the TrusteeTrustee with respect to the Certificates or exercising any trust or power conferred on the Trustee with respect to the Certificates or the Trust Estate, including, but not limited to, those powers set forth in Section 6.03 and Section 8.20 hereof, provided that: (1) such direction shall not be in conflict with any rule of law or with this Agreement; (2) the Trustee shall have been provided with indemnity satisfactory to it; and (3) the Trustee may take any other action deemed proper by the Trustee Trustee, as the case may be, which is not inconsistent with such direction; provided, however, that neither of the Trustee Sellers nor the Trustee, as the case may be, need not take any action which it determines might involve it in liability or may be unjustly prejudicial to the Owners not so directing.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-3), Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-2), Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-1)

Control by Owners. Either (x) the The Certificate Insurer or (y) the Majority Owners, with the consent of the Certificate Insurer, the Owners of a majority of the Percentage Interests represented by each Class of Class A Certificates then Outstanding or, if there are no Class A Certificates then Outstanding, by such majority of the Percentage Interests represented by any Class of Class B Certificates then Outstanding, Insurer (which may not be unreasonably withheld) may direct the time, method and place of conducting any proceeding for any remedy available to the TrusteeTrustee with respect to the Certificates or exercising any trust or power conferred on the Trustee with respect to the Certificates or the Trust Estate, including, but not limited to, those powers set forth in Section 6.3, Section 8.20 and Section 11.20 hereof; provided that: (1) such direction shall not be in conflict with any rule of law or with this Agreement; (2) the Trustee shall have been provided with indemnity satisfactory to it; and (3) the Trustee may take any other action deemed proper by the Trustee Trustee, which is not inconsistent with such direction; provided, however, that the Trustee need not take any action which it determines might involve it in liability or may be unjustly prejudicial to the Owners not so directing.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Equivantage Acceptance Corp)

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Control by Owners. Either (x) the The Certificate Insurer or (y) the Majority Owners, with the consent of the Certificate Insurer, the Owners of a majority of the Percentage Interests represented by each Class of Class A Certificates then Outstanding or, if there are no Class A Certificates then Outstanding, by such majority of the Percentage Interests represented by any Class of Class B Certificates then Outstanding, Insurer (which may not be unreasonably withheld) may direct the time, method and place of conducting any proceeding for any remedy available to the TrusteeTrustee with respect to the Certificates or exercising any trust or power conferred on the Trustee with respect to the Certificates or the Trust Estate, including, but not limited to, those powers set forth in Section 6.3 and Section 8.20 hereof; provided that: (1) such direction shall not be in conflict with any rule of law or with this Agreement; (2) the Trustee shall have been provided with indemnity satisfactory to it; and (3) the Trustee may take any other action deemed proper by the Trustee Trustee, which is not inconsistent with such direction; provided, however, that the Trustee need not take any action which it determines might involve it in liability or may be unjustly prejudicial to the Owners not so directing.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equivantage Acceptance Corp)

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