Common use of Holder or Noteholder Clause in Contracts

Holder or Noteholder. The registered holder of any Note as recorded on the books of the Note Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement or the Sale and Servicing Agreement, any Note registered in the name of the Indenture Trustee or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Indenture Trustee shall be protected in relying upon any such consent, only Notes which a Responsible Officer of the Indenture Trustee has Actual Knowledge to be so held shall be disregarded.

Appears in 6 contracts

Samples: Indenture (Sast 2006-3), Saxon Asset Securities Trust 2005-1, Saxon Asset Securities Trust 2006-1

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Holder or Noteholder. The registered holder of any Note as recorded on the books of the Note Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement or the Sale and Servicing Agreement, any Note registered in the name of the Indenture Trustee or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Indenture Trustee shall be protected in relying upon any such consent, only Notes which a Responsible Officer of the Indenture Trustee has Actual Knowledge knows to be so held shall be disregarded.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6), Indenture (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Holder or Noteholder. The registered holder of any Note as recorded on the books of the Note Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement or the Sale and Servicing Agreement, any Note registered in the name of the Indenture Trustee or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Indenture Trustee shall be protected in relying upon any such consent, only Notes which a Responsible Officer of the Indenture Trustee has Actual Knowledge to be so held shall be disregarded.

Appears in 2 contracts

Samples: Saxon Asset Securities Co, Saxon Asset Securities Trust 2004-2

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Holder or Noteholder. The registered holder of any Note as recorded on the books of the Note Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement or the Sale and Servicing Agreement, any Note registered in the name of the Seller, the Indenture Trustee or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Indenture Trustee shall be protected in relying upon any such consent, only Notes which a Responsible Officer of the Indenture Trustee has Actual Knowledge knows to be so held shall be disregarded. The Indenture Trustee may request and conclusively rely on certifications by the Seller in determining whether any Notes are registered to an Affiliate of the Seller.

Appears in 2 contracts

Samples: Structured Asset Securities Corp Mort Back Notes Ser 2002 9, Sale Agreement (Lares Asset Securitization, Inc.)

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