Common use of Prior Notice to Certificateholder with Respect to Certain Matters Clause in Contracts

Prior Notice to Certificateholder with Respect to Certain Matters. With respect to the following matters, unless the Indenture, the Sale Agreement or the Servicing Agreement, as applicable, provides that the consent of the Certificateholders shall not be required, the Owner Trustee shall not take action, on behalf of the Issuer or as Owner Trustee, unless at least 10 days before the taking of such action (or if 10 days’ advance notice is impracticable, as much advance notice as is practicable), the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing that the Certificateholder has withheld consent or provided alternative direction: (a) the appointment pursuant to the Indenture of a successor Indenture Trustee; (b) the appointment pursuant to the Servicing Agreement of a successor Servicer; or (c) the consent to the assignment by the Note Registrar or the Indenture Trustee of its obligations under the Indenture or this Agreement.

Appears in 3 contracts

Samples: Trust Agreement (Bank of America Auto Receivables Securitization, LLC), Trust Agreement (Bank of America Auto Trust 2012-1), Trust Agreement (Bank of America Auto Trust 2012-1)

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Prior Notice to Certificateholder with Respect to Certain Matters. With respect to the following matters, unless the Indenture, the Sale Agreement or the Servicing Agreement, as applicable, provides that the consent of the Certificateholders shall not be required, Neither the Owner Trustee nor the Trust Eligible Lender Trustee shall not take action, on behalf any of the Issuer or as Owner Trusteefollowing actions, unless at least 10 thirty (30) days before the taking of such action (or if 10 days’ advance notice is impracticable, as much advance notice as is practicable)action, the Owner Trustee or the Trust Eligible Lender Trustee, as the case may be, shall have notified the Certificateholders other Trustee and the Certificateholder in writing of the proposed action and the Certificateholders Certificateholder shall not have notified the Owner Trustee in writing prior to the thirtieth (30th) day after such notice is given that the such Certificateholder has withheld consent or provided alternative direction: (a) the appointment pursuant to amendment of the Indenture by a supplemental indenture in circumstances where the consent of a successor Indenture any Noteholder is required unless such amendment would not materially adversely affect the interests of the Certificateholder, the Owner Trustee;, or the Trust Eligible Lender Trustee; or (b) the appointment pursuant to amendment, change or modification of the Servicing Agreement Administration Agreement, unless such amendment would not materially adversely affect the interests of a successor Servicer; or (c) the consent to Certificateholder, the assignment by the Note Registrar Owner Trustee, or the Indenture Trustee of its obligations under the Indenture or this AgreementTrust Eligible Lender Trustee.

Appears in 1 contract

Samples: Trust Agreement (Education Capital I LLC)

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