Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 148 contracts
Samples: Trust Agreement, Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (American Home Mortgage Investment Trust 2005-4)
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least thirty (30) days and not more than forty-five (45) days before the taking of such action, and (ii) the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 124 contracts
Samples: Trust Agreement (Ally Auto Receivables Trust 2024-1), Trust Agreement (Ally Auto Receivables Trust 2024-1), Trust Agreement (Ally Auto Receivables Trust 2023-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 110 contracts
Samples: Trust Agreement (World Omni Auto Receivables Trust 2024-B), Trust Agreement (World Omni Auto Receivables Trust 2024-B), Trust Agreement (World Omni Auto Receivables Trust 2024-A)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, the Administrator and the Depositor (who shall promptly forward such notice to the Rating Agencies) in writing of the proposed action and (ii) the Certificateholders Holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders the Holders have withheld consent or provided alternative direction:
Appears in 87 contracts
Samples: Trust Agreement (CarMax Auto Owner Trust 2024-3), Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 thirty (30) days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 64 contracts
Samples: Trust Agreement (Honda Auto Receivables 2024-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-2 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-2 Owner Trust)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such actionaction (or such shorter period as shall be agreed to in writing by all Certificateholders), 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 prior to the 30th day (or such agreed upon shorter period) after such notice is given that such Certificateholders have withheld consent or shall not have provided alternative direction:
Appears in 55 contracts
Samples: Trust Agreement (CNH Equipment Trust 2024-B), Trust Agreement (CNH Equipment Trust 2024-A), Trust Agreement (CNH Equipment Trust 2023-B)
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least 30 days before the taking of such action, and (ii) the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 46 contracts
Samples: Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp), Trust Agreement (Wholesale Auto Receivables Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action on behalf of the Issuer or the Certificateholders unless at least 30 10 days before the taking of such actionaction (or such shorter period as shall be agreed to in writing by all Certificateholders), the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and none of the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th 10th day (or such agreed upon shorter period) after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 42 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such actionaction (or such shorter period as shall be agreed to in writing by all Certificateholders), the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and none of the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day (or such agreed upon shorter period) after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 42 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given shall not have notified the Owner Trustee in writing that such Certificateholders have withheld consent or provided alternative direction:
Appears in 35 contracts
Samples: Trust Agreement (World Omni LT), Trust Agreement (World Omni LT), Trust Agreement (World Omni LT)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 10 days before the taking of such action, 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 prior to the 30th 10th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 31 contracts
Samples: Trust Agreement (Renaissance Home Equity Loan Trust 2005-2), Trust Agreement (Renaissance Home Equity Loan Trust 2007-1), Trust Agreement (Renaissance Home Equity Loan Trust 2005-3)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders each Certificateholder in writing of the proposed action and the Certificateholders each Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have Certificateholder has withheld consent or provided alternative direction:
Appears in 25 contracts
Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, action the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Certificateholders holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 25 contracts
Samples: Trust Agreement, Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect Subject to the following mattersprovisions and limitations of Section 4.04, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, action with respect to the following matters the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Holders of Certificates evidencing not less than 51% of the Certificateholders aggregate Certificate Percentage Interests shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 25 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Receivables Trust 2023-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2023-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2022-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or shall not have provided alternative direction:
Appears in 24 contracts
Samples: Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (CNH Equipment Trust 2005-B), Trust Agreement (CNH Capital Receivables Inc)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Bond Insurer in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 16 contracts
Samples: Trust Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Trust Agreement (IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-6), Trust Agreement (Imh Assets Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, action the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Certificateholders holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interests shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 13 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2024-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2024-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2023-A)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies in writing of the proposed action and (ii) the Certificateholders Holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders the Holders have withheld consent or provided alternative direction:
Appears in 13 contracts
Samples: Trust Agreement (CarMax Auto Owner Trust 2010-2), Trust Agreement (CarMax Auto Owner Trust 2010-1), Trust Agreement (CarMax Auto Owner Trust 2005-2)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies in writing of the proposed action and (ii) Certificateholders holding not less than a majority of the Certificateholders aggregate Certificate Balance shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 11 contracts
Samples: Trust Agreement (Mmca Auto Owner Trust 2001-1), Trust Agreement (Mmca Auto Owner Trust 2001 2), Trust Agreement (Mmca Auto Owner Trust 2001-3)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Eligible Lender Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Eligible Lender Trustee shall have notified the Certificateholders and each of the Rating Agencies in writing of the proposed action and the Certificateholders shall not have notified the Owner Eligible Lender Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 10 contracts
Samples: Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least 30 days and not more than 45 days before the taking of such action, and (ii) the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 10 contracts
Samples: Trust Agreement (Capital Auto Receivables Inc), Trust Agreement (Capital Auto Receivables Inc), Trust Agreement (Capital Auto Receivables Inc)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall will not take action unless at least 30 days before the taking of such action, the Owner Trustee shall will have notified the Certificateholders in writing of the proposed action and the Majority Certificateholders shall will not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such the Majority Certificateholders have withheld consent or provided alternative direction:
Appears in 9 contracts
Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Holders of the Trust Certificates (with a copy to the Depositor) in writing of the proposed action and Holders of Trust Certificates holding in aggregate a 100% Percentage Interest in the Certificateholders Trust Certificates shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent consented to such action or provided alternative direction:
Appears in 9 contracts
Samples: Trust Agreement (Sast 2006-3), Trust Agreement (Saxon Asset Securities Trust 2005-1), Trust Agreement (Saxon Asset Securities Co)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Certificateholders of Certificates representing a majority of the aggregate Certificate Percentage Interest of each Class of Certificates shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 6 contracts
Samples: Trust Agreement (GMACM Mortgage Loan Trust 2004-Gh1), Trust Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2), Trust Agreement (Residential Asset Mort Prods Inc Gmacm Mort Ln Tr 03 Gh2)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect Subject to the following mattersprovisions and limitations of Section 4.04, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, action with respect to the following matters the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Majority Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 6 contracts
Samples: Trust Agreement (Daimler Trucks Retail Trust 2024-1), Trust Agreement (Daimler Trucks Retail Trust 2024-1), Trust Agreement (Daimler Trucks Retail Trust 2023-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Holders of Certificates representing at least a majority of the Certificateholders aggregate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 6 contracts
Samples: Trust Agreement (Irwin Home Equity Loan Trust 2005-1), Trustee Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-A), Trustee Trust Agreement (Irwin Whole Loan Home Equity Trust 2004 A)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Certificateholders (in accordance with Section 4.5) shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have it has withheld consent or provided alternative direction:
Appears in 5 contracts
Samples: Trust Agreement (Franklin Auto Trust 2008-A), Trust Agreement (Franklin Auto Trust 2007-1), Trust Agreement (Franklin Auto Trust 2006-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies in writing of the proposed action and the Certificateholders evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 5 contracts
Samples: Trust Agreement (Wachovia Auto Owner Trust 2004-B), Trust Agreement (Wachovia Auto Owner Trust 2005-B), Trust Agreement (Pooled Auto Securities Shelf LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect Subject to the following mattersprovisions and limitations of Section 4.04, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, action with respect to the following matters the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Holders of Certificates evidencing not less than 51% of the Certificateholders aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 5 contracts
Samples: Trust Agreement (Daimler Retail Receivables LLC), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2011-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2010-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Note Insurer in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have any Certificateholder has withheld consent or provided alternative direction:
Appears in 5 contracts
Samples: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, the Administrator and the Rating Agencies in writing of the proposed action and (ii) the Certificateholders Holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders the Holders have withheld consent or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (CarMax Auto Owner Trust 2011-3), Trust Agreement (CarMax Auto Owner Trust 2011-2), Trust Agreement (CarMax Auto Owner Trust 2011-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Eligible Lender Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Eligible Lender Trustee shall have notified the Certificateholders holders of the Trust Certificates in writing of the proposed action and the Certificateholders holders of the Trust Certificates shall not have notified the Owner Eligible Lender Trustee in writing prior to the 30th day after such notice is given that such Certificateholders holders of the Trust Certificates have withheld consent or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (Key Bank Usa National Association), Trust Agreement (Key Bank Usa National Association), Trust Agreement (Key Bank Usa National Association)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Certificateholders holding in aggregate a 100% Percentage Interest in the Certificateholders Trust Certificates shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent consented to such action or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Trust Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Trust Agreement (New York Mortgage Trust 2005-2)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect Subject to the following mattersprovisions and limitations of Section 4.04, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, action with respect to the following matters the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Majority Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Receivables Trust 2024-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2024-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2023-2)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the The Owner Trustee shall not take action any of the following actions, unless at least 30 days (or such shorter period as shall be required under the circumstances) before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (Green Tree Financial Corp), Trust Agreement (Conseco Finance Securitizations Corp), Trust Agreement (Green Tree Financial Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Insurer in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2004-4), Trust Agreement (American Home Mortgage Investment Trust 2005-1), Trust Agreement (American Home Mortgage Investment Trust 2004-4)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, [the Swap Counterparty,] the Administrator and the Depositor (who shall promptly forward such notice to the Rating Agencies) in writing of the proposed action and (ii) the Certificateholders Holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders the Holders have withheld consent or provided alternative direction:
Appears in 4 contracts
Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies that have provided ratings of the Notes, in writing of the proposed action and the Certificateholders evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 3 contracts
Samples: Trust Agreement (WDS Receivables LLC), Trust Agreement (Wachovia Auto Owner Trust 2006-A), Trust Agreement (WDS Receivables LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, the Swap Counterparty and the Rating Agencies in writing of the proposed action and (ii) the Certificateholders Holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders the Holders have withheld consent or provided alternative direction:
Appears in 3 contracts
Samples: Trust Agreement (CarMax Auto Owner Trust 2008-2), Trust Agreement (CarMax Auto Owner Trust 2008-1), Trust Agreement (CarMax Auto Owner Trust 2007-3)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Certificateholders of Certificates representing a majority of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 3 contracts
Samples: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Residential Asset Mortgage Products Inc)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Holders of Certificates representing a majority of the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative directionCertificate Percentage Interest thereof:
Appears in 3 contracts
Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Home Loan Trust 2005-Hi2), Trust Agreement (Home Loan Trust 2005-Hi3)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such the Certificateholders evidencing Percentage Interests aggregating more than 50% have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2007-A)
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, unless: (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least 30 days before the taking of such action, and (ii) the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least 30 days before the taking of such action and (ii) the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Navistar International Corp), Trust Agreement (Navistar Financial Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such the Certificateholders evidencing more than 50% of the Certificate Balance have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2008-A)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, the Swap Counterparty and the Rating Agencies that have provided ratings of the Notes, in writing of the proposed action and the Certificateholders evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Wachovia Auto Owner Trust 2008-A), Trust Agreement (Wachovia Auto Loan Owner Trust 2007-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, (I) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies in writing of the proposed action and (II) Certificate-holders holding not less than a majority of the Certificateholders Aggregate Certificate Balance shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Ford Motor Credit Co), Trust Agreement (Ford Credit Auto Receivables Two L P)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 10 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Note Insurers in writing of the proposed action and the Certificateholders and the Note Insurer shall not have notified the Owner Trustee in writing prior to the 30th 10th day after such notice is given that such Certificateholders or the Note Insurer have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A), Trust Agreement (Origen Residential Securities, Inc.)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or shall not have provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Provident Lease Receivables Corp), Trust Agreement (Provident Lease Receivables Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the The Owner Trustee shall not take action any of the following actions, unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Olympic Receivables Finance Corp), Trust Agreement (Olympic Receivables Finance Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, (I) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies in writing of the proposed action and (II) Certificateholders holding not less than a majority of the Certificateholders aggregate Certificate Balance shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Motor Credit Co)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the The Owner Trustee shall not take action unless any of the following actions unless, at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 2 contracts
Samples: Trust Agreement (Arcadia Financial LTD), Trust Agreement (Olympic Financial LTD)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Insurer in writing of the proposed action and the Certificateholders Insurer and any Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders Certificateholder(s) or the Insurer have withheld consent or provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such actionaction (or such shorter period as shall be agreed to in writing by all Certificateholders), the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and none of the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:in
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2000-C Owner Trust)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of SECTION 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, the Security Insurer and the Holder of the Voting Interest in writing of the proposed action and neither the Certificateholders Holder of the Voting Interest nor the Security Insurer shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have it has withheld consent or provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Rating Agencies in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have has withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Efg Funding Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, the Swap Counterparty and the Rating Agencies, in writing of the proposed action and the Certificateholders evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Wachovia Auto Loan Owner Trust 2008-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least 30 days before the taking of such action, and (ii) a majority of the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Wodfi LLC)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and the Indenture Trustee in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing writing, with copy to the Indenture Trustee, prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With The Owner Trustee shall not take action with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, (i) the Owner Trustee shall have notified the Certificateholders in writing of the proposed action at least 10 days before the taking of such action, and the Certificateholders shall not have notified the Owner Trustee in writing (ii) prior to the 30th 10th day after such notice is given that given, the Majority Certificateholders shall have delivered to the Owner Trustee consent to such Certificateholders have withheld consent or provided alternative directionaction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless (i) at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholders, [the Swap Counterparty,] the Administrator and the Rating Agencies in writing of the proposed action and (ii) the Certificateholders Holders of Certificates evidencing not less than 51% of the aggregate Certificate Percentage Interest shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders the Holders have withheld consent or provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders Certificateholder in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Citigroup Mortgage Loan Trust 2006-Ar1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders the Insurer in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the The Owner Trustee shall not take action any of the following actions, unless at least 30 days (or such shorter period as shall be required under the circumstances) before the taking of such action, 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 prior to the 30th day (or such shorter time period, if applicable) after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Conseco Finance Securitizations Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have withheld consent or shall not have provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Certificateholders representing a majority of the Certificateholders Certificate Percentage Interest thereof shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders and each of the Insurers in writing of the proposed action and the Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-2)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and Certificateholders holding in aggregate a 100% Percentage Interest in the Certificateholders Residual Interest Certificates shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Certificateholders have withheld consent consented to such action or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the The Owner Trustee shall not take action any of the following actions, unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders have has withheld consent or provided alternative direction:
Appears in 1 contract
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, 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 prior to the 30th day after such notice is given that such Certificateholders evidencing more than 50% of the Certificate Balance have withheld consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 10 days before the taking of such action, 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 prior to the 30th 10th day after such notice is given that such Certificateholders have withheld given their consent or provided alternative direction:
Appears in 1 contract
Samples: Trust Agreement (Newcastle Mortgage Securities Trust 2006-1, Asset-Backed Notes, Series 2006-1)
Prior Notice to Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless unless, at least 30 10 days before the taking of such action, 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 prior to the 30th 10th day after such notice is given that such Certificateholders have withheld consent or provided alternative direction:
Appears in 1 contract