Common use of Guarantor as Holder Clause in Contracts

Guarantor as Holder. Certificates of a Series that are beneficially held by the Guarantor will be disregarded and deemed not to be outstanding for purposes of determining whether a Guarantor Event of Default has occurred and is continuing or whether to remove the Trustee when a Guarantor Event of Default has occurred and is continuing. In all other matters with respect to a Trust, Certificates of that Series that are beneficially owned by the Guarantor will be deemed outstanding and may be voted by the Guarantor to the same extent as Certificates held by any other Holder. If, however, the Guarantor beneficially owns 100% of the Certificates of a Series, the Certificates owned by the Guarantor will be deemed outstanding and may be voted by the Guarantor without restriction.

Appears in 4 contracts

Samples: Remic Master Trust Agreement, Remic Master Trust Agreement, Remic Master Trust Agreement

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Guarantor as Holder. Certificates of a Series that are beneficially held by the Guarantor will be disregarded and deemed not to be outstanding Outstanding for purposes of determining whether a Guarantor Event of Default has occurred and is continuing or whether to remove the Trustee when a Guarantor Event of Default has occurred and is continuing. In all other matters with respect to a Trust, Certificates of that Series that are beneficially owned by the Guarantor will be deemed outstanding and may be voted by the Guarantor to the same extent as Certificates held by any other Holder, unless the Guarantor is also a Transferor with respect to that Trust. If, however, the Guarantor beneficially owns 100% of the Certificates of a Series, the Certificates owned by the Guarantor will be deemed outstanding and may be voted by the Guarantor without restriction.

Appears in 2 contracts

Samples: SMBS Master Trust Agreement, SMBS Master Trust Agreement

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