Control by the Controlling Party. The Collateral Agent shall comply with notices and instructions given by the Issuer only if accompanied by the written consent of the Controlling Party, except that if any Default shall have occurred and be continuing, the Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the Issuer.
Appears in 16 contracts
Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A), Spread Account Agreement (AFS SenSub Corp.), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2005-B-M)
Control by the Controlling Party. The Collateral Agent shall comply with notices and instructions given by the Issuer Seller only if accompanied by the written consent of the Controlling Party, except that if any Default shall have occurred and be continuing, the Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the IssuerSeller.
Appears in 10 contracts
Samples: Spread Account Agreement (Olympic Financial LTD), Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Arcadia Financial LTD)
Control by the Controlling Party. The Indenture Collateral Agent shall comply with notices and instructions given by the Issuer only if accompanied by the written consent of the Controlling Party, except that if any Event of Default shall have occurred and be continuing, the Indenture Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the Issuer.
Appears in 7 contracts
Samples: Note Depository Agreement (Franklin Auto Trust 2003-2), Note Depository Agreement (Franklin Auto Trust 2004-2), Note Depository Agreement (Franklin Receivables Auto Trust 2003-1)
Control by the Controlling Party. The Collateral Agent shall comply with notices and instructions given by the Issuer Trust only if accompanied by the written consent of the Controlling Party, except that if any Default shall have occurred and be continuing, the Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the IssuerTrust.
Appears in 7 contracts
Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F), Spread Account Agreement (UPFC Auto Receivables Corp.)
Control by the Controlling Party. The Collateral Agent shall comply with notices and instructions given by the Issuer Transferor only if accompanied by the written consent of the Controlling Party, except that if any Default shall have occurred and be continuing, the Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the IssuerTransferor.
Appears in 3 contracts
Samples: Master Spread Account Agreement (National Auto Finance Co Inc), Master Spread Account Agreement (National Auto Finance Co Inc), Master Spread Account Agreement (National Auto Finance Co Inc)
Control by the Controlling Party. The Collateral Agent shall comply with notices and instructions given by the Issuer Issuing Entity only if accompanied by the written consent of the Controlling Party, except that if any Default shall have occurred and be continuing, the Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the IssuerIssuing Entity.
Appears in 2 contracts
Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2007-B), Spread Account Agreement (UPFC Auto Receivables Trust 2006-B)
Control by the Controlling Party. The Collateral Agent shall comply with notices and instructions given by the Issuer only if accompanied by the written consent of the Controlling Party, except that if any Default Amortization Event shall have occurred and be continuing, the Collateral Agent shall act upon and comply with notices and instructions given by the Controlling Party alone in the place and stead of the Issuer.
Appears in 2 contracts
Samples: Security Agreement (Arcadia Financial LTD), Security Agreement (Olympic Financial LTD)
