Prior Notice to Owner 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 Certificateholder in writing of the proposed action and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Owner has withheld consent or provided alternative direction: (a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivable) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action to collect on a Receivable); (b) the election by the Trust to file an amendment to the Certificate of Trust; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Owner; (e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Owner; or (f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 37 contracts
Samples: Trust Agreement (Deere John Capital Corp), Trust Agreement (John Deere Receivables LLC), Trust Agreement (Deere John Capital Corp)
Prior Notice to Owner 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 Certificateholder in writing of the proposed action and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Owner has withheld consent or provided alternative direction:
(ai) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivable) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action to collect on a Receivable);
(bii) the election by the Trust to file an amendment to the Certificate of Trust;
(ciii) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(div) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Owner;
(ev) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Owner; or
(fvi) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 22 contracts
Samples: Trust Agreement (John Deere Owner Trust 2015-B), Trust Agreement (John Deere Owner Trust 2014-B), Trust Agreement (John Deere Receivables, Inc.)
Prior Notice to Owner with Respect to Certain Matters. With Subject to the provisions and limitation 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 Certificateholder in writing of the proposed action, the Indenture Trustee shall have consented to such action in the event any Notes are outstanding and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Owner has withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivableexcept claims or lawsuits brought in connection with the collection of the Contracts) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action except with respect to collect on a Receivablethe aforementioned claims or lawsuits for collection of the Contracts);
(b) the election by the Trust to file an amendment to the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner or add any provision that would not materially and adversely affect the interests of the Owner; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this the Agreement, as applicable.
Appears in 16 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2005-4), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2005-2)
Prior Notice to Owner with Respect to Certain Matters. With Subject to the provisions and limitation 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 Certificateholder in writing of the proposed action, the Indenture Trustee shall have consented to such action in the event any Notes are outstanding and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the such Owner has have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivableexcept claims or lawsuits brought in connection with the collection of the Contracts) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action except with respect to collect on a Receivablethe aforementioned claims or lawsuits for collection of the Contracts);
(b) the election by the Trust to file an amendment to the Certificate of TrustTrust (unless such amendment is required to be filed under the Business Trust Statute);
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner or add any provision that would not materially and adversely affect the interests of the Owner; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this the Agreement, as applicable.
Appears in 6 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)
Prior Notice to Owner 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 Certificateholder in writing of the proposed action and the Owner Holder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Owner Holder has withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivable) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action to collect on a Receivable);
(b) the election by the Trust to file an amendment to the Certificate of Trust;
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Owner; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent or Indenture Trustee or the appointment pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 6 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)
Prior Notice to Owner with Respect to Certain Matters. With Subject to the provisions and limitation 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 Certificateholder in writing of the proposed action, the Indenture Trustee shall have consented to such action in the event any Notes are outstanding and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Owner has withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivableexcept claims or lawsuits brought in connection with the collection of the Contracts) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action except with respect to collect on a Receivablethe aforementioned claims or lawsuits for collection of the Contracts);
(b) the election by the Trust to file an amendment to the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder or the Swap Counterparty is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder or the Swap Counterparty is not required and such amendment materially and adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner or add any provision that would not materially and adversely affect the interests of the Owner; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this the Agreement, as applicable.
Appears in 3 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2008-1), Trust Agreement (Harley-Davidson Motorcycle Trust 2007-3), Trust Agreement (Harley Davidson Customer Funding Corp)
Prior Notice to Owner with Respect to Certain Matters. With Subject to the provisions and limitation 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 Certificateholder in writing of the proposed action, the Indenture Trustee shall have consented to such action in the event any Notes are outstanding and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the such Owner has have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivableexcept claims or lawsuits brought in connection with the collection of the Contracts) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action except with respect to collect on a Receivablethe aforementioned claims or lawsuits for collection of the Contracts);
(b) the election by the Trust to file an amendment to the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner or add any provision that would not materially and adversely affect the interests of the Owner; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this the Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)
Prior Notice to Owner 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 Certificateholder Controlling Certificateholders in writing of the proposed action and the Owner Controlling Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Owner has such Holders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivable) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action to collect on a Receivable);
(b) the election by the Trust to file an amendment to the Certificate of Trust;
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the OwnerCertificateholders, the Holders of the Reserve Regular Interest or the YSA Regular Interest;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the OwnerCertificateholders, the Holder of the Reserve Regular Interest and the Holder of the YSA Regular Interest; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent or Indenture Trustee or the appointment pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Prior Notice to Owner with Respect to Certain Matters. With Subject to the provisions and limitation 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 Certificateholder in writing of the proposed action, the Indenture Trustee shall have consented to such action in the event any Notes are outstanding and the Owner shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the such Owner has withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivableexcept claims or lawsuits brought in connection with the collection of the Contracts) and the compromise of any action, claim or lawsuit brought by or against the Trust (other than an action except with respect to collect on a Receivablethe aforementioned claims or lawsuits for collection of the Contracts);
(b) the election by the Trust to file an amendment to the Certificate of TrustTrust (unless such amendment is required to be filed under the Business Trust Statute);
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner or add any provision that would not materially and adversely affect the interests of the Owner; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent or Agent, Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this the Agreement, as applicable.
Appears in 1 contract
Prior Notice to Owner with Respect to Certain Matters. With respect to the following matters, unless otherwise instructed by the Owner Trustee Owner, the Trust shall not take action unless at least 30 10 days before the taking of such action, action the Owner Trustee shall have notified the Certificateholder in writing of the proposed Owner that such action will be taken and the Owner shall not have notified the Owner Trustee in writing prior to the 30th 10th day after such notice is given that the such Owner has withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (other than an action to collect on a Receivablethe Trust Estate) and the compromise settlement of any action, claim or lawsuit brought by or against the Trust (other than an action to collect on a Receivablethe Trust Estate);
(b) the election by the Trust to file an amendment to the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Owner;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Owner; or;
(f) the appointment pursuant to the Indenture of a replacement or successor Note Registrar, Paying Agent Servicer or Indenture Trustee or pursuant to this Agreement of a successor Certificate RegistrarTrustee, or the consent to the assignment by the Note RegistrarAdministrator, Paying Agent Servicer or Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.Indenture;
Appears in 1 contract
Samples: Trust Agreement (Sunterra Corp)