Common use of Covenants of the Certificateholder Clause in Contracts

Covenants of the Certificateholder. The Certificateholder, by its acceptance of a Certificate, agrees: (a) to be bound by the terms and conditions of the Certificate of which the Certificateholder is the beneficial owner and of this Agreement and the other Basic Documents, including any supplements or amendments hereto and thereto and to perform the obligations of a Certificateholder as set forth therein or herein, in all respects as if it were a signatory hereto. This undertaking is made for the benefit of the Trust, the Owner Trustee and the Note Insurer; (b) until one year and one day after the completion of the events specified in Section 8.1(d), not to, for any reason, institute proceedings for the Trust to be adjudicated a bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against the Trust, or file a petition seeking or consenting to reorganization or relief under any applicable federal or state law relating to bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Trust or a substantial part of its property, or cause or permit the Trust to make any assignment for the benefit of its creditors, or admit in writing its inability to pay its debts generally as they become due, or declare or effect a moratorium on its debt or take any action in furtherance of any such action; and (c) to execute and deliver such instruments of conveyance, assignment, grant, confirmation, as well as any financing statements, in each case, as the Note Insurer shall consider reasonably necessary in order to perfect the security interests of the Collateral Agent in the collateral pledged under the Spread Account Agreement.

Appears in 4 contracts

Samples: Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2004-B)

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