Common use of Derivative Actions Clause in Contracts

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust Act; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of the Majority Certificateholders.

Appears in 77 contracts

Samples: Trust Agreement (Ally Auto Receivables Trust 2024-2), Trust Agreement (Ally Auto Receivables Trust 2024-2), Trust Agreement (Carvana Auto Receivables Trust 2024-P2)

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Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust Act; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of the Majority Certificateholders.

Appears in 47 contracts

Samples: Trust Agreement (Ally Auto Receivables Trust 2016-1), Trust Agreement (Ally Auto Receivables Trust 2016-1), Trust Agreement (Capital Auto Receivables LLC)

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust Act; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificateholders owning, in the Majority Certificateholdersaggregate, beneficial interests in Certificates representing at least 50% of the Voting Interests.

Appears in 33 contracts

Samples: Trust Agreement (Ally Auto Receivables Trust 2012-2), Trust Agreement (Ally Auto Receivables Trust 2012-2), Trust Agreement (Ally Auto Receivables Trust 2012-1)

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Business Trust ActStatute; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificate Owners owning, in the Majority Certificateholdersaggregate, a beneficial interest in Certificates representing 50% of the then outstanding Certificate Balance.

Appears in 16 contracts

Samples: Trust Agreement (Wholesale Auto Receivables Corp), Trust Agreement (Capital Auto Receivables Inc), Trust Agreement (Asset Backed Securities Corp)

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust Act; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificateholders owning, in the Majority Certificateholdersaggregate, beneficial interests in Certificates representing at least 50% of the Voting Interests.

Appears in 13 contracts

Samples: Trust Agreement (Ally Auto Assets LLC), Trust Agreement (Ally Auto Assets LLC), Trust Agreement (Ally Auto Assets LLC)

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust ActStatute; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificate Owners owning, in the Majority Certificateholdersaggregate, a beneficial interest in Certificates representing 50% of the then outstanding Certificate Balance.

Appears in 12 contracts

Samples: Trust Agreement (Superior Wholesale Inventory Financing Trust Xi), Trust Agreement (Wholesale Auto Receivables Corp), Trust Agreement (Wholesale Auto Receivables Corp)

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Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust Act; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificate Holders owning a beneficial interest in the Majority CertificateholdersCertificates representing 50% of the then outstanding interest in the Certificates.

Appears in 3 contracts

Samples: Trust Agreement (Capital Auto Receivables Asset Trust 2004-2), Trust Agreement (Capital Auto Receivables Asset Trust 2006-1), Trust Agreement (Capital Auto Receivables Inc)

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Trust Act; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificate Owners owning, in the Majority Certificateholdersaggregate, a beneficial interest in Certificates representing 50% of the then outstanding Certificate Balance.

Appears in 2 contracts

Samples: Trust Agreement (Capital Auto Receivables Inc), Trust Agreement (Capital Auto Receivables Inc)

Derivative Actions. Any provision contained herein to the contrary notwithstanding, the right of any Certificateholder or Certificate Owner to bring a derivative action in the right of the Trust is hereby made expressly subject to the following limitations and requirements: (a) such Certificateholder or Certificate Owner must meet all requirements set forth in the Statutory Business Trust ActStatute; and (b) no Certificateholder or Certificate Owner may bring a derivative action in the right of the Trust without the prior written consent of Certificate Owners owning, in the Majority Certificateholdersaggregate, a beneficial interest in Certificates representing __% of the then outstanding Certificate Balance.

Appears in 1 contract

Samples: Trust Agreement (Ace Securities Corp)

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