Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction: (a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle); (b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute); (c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required; (d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders; (e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders; (f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or (g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 4 contracts
Samples: Trust Agreement (Financial Services Vehicle Trust), Trust Agreement (Financial Services Vehicle Trust), Trust Agreement (Financial Services Vehicle Trust)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2017-3 Exchange Note to collect amounts owed under the 2017-3 Lease Agreements or in respect of a 2017-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2017-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2017-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 4 contracts
Samples: Trust Agreement, Trust Agreement (GM Financial Automobile Leasing Trust 2017-3), Trust Agreement (GM Financial Automobile Leasing Trust 2017-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 20 - Exchange Note to collect amounts owed under the 20 - Lease Agreements or in respect of a 20 - Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 20 - Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle20 - Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 3 contracts
Samples: Trust Agreement (ACAR Leasing Ltd.), Trust Agreement (ACAR Leasing Ltd.), Trust Agreement (ACAR Leasing Ltd.)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2022-2 Exchange Note to collect amounts owed under the 2022-2 Lease Agreements or in respect of a 2022-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2022-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2022-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2022-2), Trust Agreement (GM Financial Automobile Leasing Trust 2022-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2021-2 Exchange Note to collect amounts owed under the 2021-2 Lease Agreements or in respect of a 2021-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2021-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2021-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2021-2), Trust Agreement (GM Financial Automobile Leasing Trust 2021-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2017-1 Exchange Note to collect amounts owed under the 2017-1 Lease Agreements or in respect of a 2017-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2017-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2017-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2023-2 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2023-2 Lease or in respect of a 20[__]-[__] 2023-2 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2023-2), Trust Agreement (BMW Vehicle Lease Trust 2023-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2013-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2013-1 Lease or in respect of a 20[__]-[__] 2013-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2013-1), Trust Agreement (BMW Vehicle Lease Trust 2013-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2015-3 Exchange Note to collect amounts owed under the 2015-3 Lease Agreements or in respect of a 2015-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2015-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2015-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2023-2 Exchange Note to collect amounts owed under the 2023-2 Lease Agreements or in respect of a 2023-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2023-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2023-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2023-2), Trust Agreement (GM Financial Automobile Leasing Trust 2023-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2016-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2016-1 Lease or in respect of a 20[__]-[__] 2016-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2016-1), Trust Agreement (BMW Vehicle Lease Trust 2016-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2019-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2019-1 Lease or in respect of a 20[__]-[__] 2019-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2019-1), Trust Agreement (BMW Vehicle Lease Trust 2019-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2016-1 Exchange Note to collect amounts owed under the 2016-1 Lease Agreements or in respect of a 2016-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2016-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2016-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2012-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2012-1 Lease or in respect of a 20[__]-[__] 2012-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2012-1), Trust Agreement (BMW Vehicle Lease Trust 2012-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2019-1 Exchange Note to collect amounts owed under the 2019-1 Lease Agreements or in respect of a 2019-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2019-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2019-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2016-3 Exchange Note to collect amounts owed under the 2016-3 Lease Agreements or in respect of a 2016-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2016-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2016-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2024-1 Exchange Note to collect amounts owed under the 2024-1 Lease Agreements or in respect of a 2024-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2024-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2024-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-1), Trust Agreement (GM Financial Automobile Leasing Trust 2024-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2017-2 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2017-2 Lease or in respect of a 20[__]-[__] 2017-2 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2017-2), Trust Agreement (BMW Vehicle Lease Trust 2017-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2023-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2023-1 Lease or in respect of a 20[__]-[__] 2023-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2023-1), Trust Agreement (BMW Vehicle Lease Trust 2023-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2014-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2014-1 Lease or in respect of a 20[__]-[__] 2014-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Auto Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2018-1 Exchange Note to collect amounts owed under the 2018-1 Lease Agreements or in respect of a 2018-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2018-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2018-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GM Financial Automobile Leasing Trust 2018-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2018-2 Exchange Note to collect amounts owed under the 2018-2 Lease Agreements or in respect of a 2018-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2018-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2018-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2018-2), Trust Agreement (GM Financial Automobile Leasing Trust 2018-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2022-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2022-1 Lease or in respect of a 20[__]-[__] 2022-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2022-1), Trust Agreement (BMW Vehicle Lease Trust 2022-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2017-2 Exchange Note to collect amounts owed under the 2017-2 Lease Agreements or in respect of a 2017-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2017-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2017-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2017-2), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2019-2 Exchange Note to collect amounts owed under the 2019-2 Lease Agreements or in respect of a 2019-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2019-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2019-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2015-1 Exchange Note to collect amounts owed under the 2015-1 Lease Agreements or in respect of a 2015-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2015-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2015-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2015-1), Trust Agreement (GM Financial Automobile Leasing Trust 2015-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2011-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2011-1 Lease or in respect of a 20[__]-[__] 2011-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2011-1), Trust Agreement (BMW Vehicle Lease Trust 2011-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2016-2 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2016-2 Lease or in respect of a 20[__]-[__] 2016-2 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2016-2), Trust Agreement (BMW Vehicle Lease Trust 2016-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2017-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2017-1 Lease or in respect of a 20[__]-[__] 2017-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2017-1), Trust Agreement (BMW Vehicle Lease Trust 2017-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2015-2 Exchange Note to collect amounts owed under the 2015-2 Lease Agreements or in respect of a 2015-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2015-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2015-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2021-1 Exchange Note to collect amounts owed under the 2021-1 Lease Agreements or in respect of a 2021-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2021-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2021-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2021-1), Trust Agreement (GM Financial Automobile Leasing Trust 2021-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2023-3 Exchange Note to collect amounts owed under the 2023-3 Lease Agreements or in respect of a 2023-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2023-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2023-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2023-3), Trust Agreement (GM Financial Automobile Leasing Trust 2023-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2020-3 Exchange Note to collect amounts owed under the 2020-3 Lease Agreements or in respect of a 2020-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2020-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2020-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2020-3), Trust Agreement (GM Financial Automobile Leasing Trust 2020-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2020-1 Exchange Note to collect amounts owed under the 2020-1 Lease Agreements or in respect of a 2020-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2020-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2020-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2020-1), Trust Agreement (GM Financial Automobile Leasing Trust 2020-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2015-2 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2015-2 Lease or in respect of a 20[__]-[__] 2015-2 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Auto Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2018-3 Exchange Note to collect amounts owed under the 2018-3 Lease Agreements or in respect of a 2018-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2018-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2018-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GM Financial Automobile Leasing Trust 2018-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2020-2 Exchange Note to collect amounts owed under the 2020-2 Lease Agreements or in respect of a 2020-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2020-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2020-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2020-2), Trust Agreement (GM Financial Automobile Leasing Trust 2020-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2023-1 Exchange Note to collect amounts owed under the 2023-1 Lease Agreements or in respect of a 2023-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2023-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2023-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2023-1), Trust Agreement (GM Financial Automobile Leasing Trust 2023-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2024-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2024-1 Lease or in respect of a 20[__]-[__] 2024-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2024-1), Trust Agreement (BMW Vehicle Lease Trust 2024-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2015-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2015-1 Lease or in respect of a 20[__]-[__] 2015-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2015-1), Trust Agreement (BMW Auto Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2021-3 Exchange Note to collect amounts owed under the 2021-3 Lease Agreements or in respect of a 2021-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2021-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2021-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2021-3), Trust Agreement (GM Financial Automobile Leasing Trust 2021-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2021-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2021-1 Lease or in respect of a 20[__]-[__] 2021-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2021-1), Trust Agreement (BMW Vehicle Lease Trust 2021-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2016-2 Exchange Note to collect amounts owed under the 2016-2 Lease Agreements or in respect of a 2016-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2016-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2016-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2010-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2010-1 Lease or in respect of a 20[__]-[__] 2010-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2010-1), Trust Agreement (BMW Vehicle Lease Trust 2010-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2019-3 Exchange Note to collect amounts owed under the 2019-3 Lease Agreements or in respect of a 2019-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2019-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2019-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2024-3 Exchange Note to collect amounts owed under the 2024-3 Lease Agreements or in respect of a 2024-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2024-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2024-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2024-2 Exchange Note to collect amounts owed under the 2024-2 Lease Agreements or in respect of a 2024-2 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2024-2 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2024-2 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 2 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-2), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2024-2 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2024-2 Lease or in respect of a 20[__]-[__] 2024-2 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 2 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2024-2), Trust Agreement (BMW Vehicle Lease Trust 2024-2)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Trust and the compromise of any action, claim or lawsuit brought by or against the Issuer Trust (other than an action brought by the Servicer on behalf of the Vehicle Titling Trust and Persons having interests in the 20[__]-[__] 2003-A SUBI Certificate to collect amounts owed under a 20[__]-[__] 2003-A Lease or in respect of a 20[__]-[__] 2003-A Vehicle);
(b) the election by the Issuer Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of any Basic Document other than the Indenture Trust Agreement in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;; or
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or successor Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2009-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2009-1 Lease or in respect of a 20[__]-[__] 2009-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2021-2 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2021-2 Lease or in respect of a 20[__]-[__] 2021-2 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer Administrative Agent on behalf of the Vehicle Origination Trust and Persons having interests in the 20[__]-[__] 1999-A SUBI Certificate Certificates to collect amounts owed under a 20[__]-[__] 1999-A Lease or in respect of a 20[__]-[__] 1999-A Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Senior Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Senior Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2022-3 Exchange Note to collect amounts owed under the 2022-3 Lease Agreements or in respect of a 2022-3 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2022-3 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2022-3 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 1 contract
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2022-3)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer Administrative Agent on behalf of the Vehicle Origination Trust and Persons having interests in the 20[__]-[___]-[_] SUBI Certificate to collect amounts owed under a 20[__]-[___]-[_] Lease or in respect of a 20[__]-[___]-[_] Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[____]-[_] SUBI Certificate to collect amounts owed under a 20[__]-[____]-[_] Lease or in respect of a 20[__]-[____]-[_] Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 2022-1 Exchange Note to collect amounts owed under the 2022-1 Lease Agreements or in respect of a 2022-1 Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 2022-1 Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle2022-1 Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 1 contract
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2022-1)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[___]-[_] SUBI Certificate to collect amounts owed under a 20[__]-[___]-[_] Lease or in respect of a 20[__]-[___]-[_] Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate NALT 2004-A Amended and Restated Trust Agreement Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Trust and the compromise of any action, claim or lawsuit brought by or against the Issuer Trust (other than an action brought by the Servicer on behalf of the Vehicle Titling Trust and Persons having interests in the 20[__]-[__] 2004-A SUBI Certificate to collect amounts owed under a 20[__]-[__] 2004-A Lease or in respect of a 20[__]-[__] 2004-A Vehicle);
(b) the election by the Issuer Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of any Basic Document other than the Indenture Trust Agreement in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;; or
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or successor Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer on behalf of the Vehicle Trust and Persons having interests in the 20[__]-[__] 2007-1 SUBI Certificate to collect amounts owed under a 20[__]-[__] 2007-1 Lease or in respect of a 20[__]-[__] 2007-1 Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following 12 NALT 2004-A Amended and Restated Trust Agreement matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Trust and the compromise of any action, claim or lawsuit brought by or against the Issuer Trust (other than an action brought by the Servicer on behalf of the Vehicle Titling Trust and Persons having interests in the 20[__]-[__] 2004-A SUBI Certificate to collect amounts owed under a 20[__]-[__] 2004-A Lease or in respect of a 20[__]-[__] 2004-A Vehicle);
(b) the election by the Issuer Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of any Basic Document other than the Indenture Trust Agreement in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;; or
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or successor Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate NALT 2003-A Amended and Restated Trust Agreement Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Trust and the compromise of any action, claim or lawsuit brought by or against the Issuer Trust (other than an action brought by the Servicer on behalf of the Vehicle Titling Trust and Persons having interests in the 20[__]-[__] 2003-A SUBI Certificate to collect amounts owed under a 20[__]-[__] 2003-A Lease or in respect of a 20[__]-[__] 2003-A Vehicle);
(b) the election by the Issuer Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of any Basic Document other than the Indenture Trust Agreement in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;; or
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or successor Indenture Trustee.
Appears in 1 contract
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.044.4, with respect to the following matters, the Owner Trustee Securitization Trust shall not take action unless at least thirty (30) days before the taking of such action, the Owner Trustee has shall have notified the Trust Certificateholders and the Administrator in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 50% of the aggregate Certificate Percentage Interest have not notified the Owner Trustee in writing prior to the 30th day after such notice is given the Trust Certificateholders shall not have notified the Owner Trustee in writing that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer Securitization Trust (except claims or lawsuits brought by the Servicer on behalf of the Titling Trust and Persons having interest in the 20__-_ Exchange Note to collect amounts owed under the 20__-_ Lease Agreements or in respect of a 20__-_ Leased Vehicles) and the compromise of any action, claim or lawsuit brought by or against the Issuer Securitization Trust (other than an action brought by except with respect to the Servicer on behalf aforementioned claims or lawsuits for collection of the Vehicle Trust 20__-_ Lease Agreements and Persons having interests in the 20[__]-[__] SUBI Certificate to collect amounts owed under a 20[__]-[__] Lease or in respect of a 20[__]-[__] Vehicle20__-_ Leased Vehicles);
(b) the election by the Issuer Securitization Trust to file an amendment to the Certificate of Trust (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 in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(fd) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(ge) the appointment pursuant to the Indenture of a successor Owner Note Registrar or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar or Paying Agent, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture TrusteeTrustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.
Appears in 1 contract
Samples: Trust Agreement (ACAR Leasing Ltd.)
Prior Notice to Trust Certificateholders with Respect to Certain Matters. Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless the Owner Trustee has notified the Trust Certificateholders and the Administrator Rating Agencies in writing of the proposed action at least 30 days before the taking of such action and Trust Certificateholders representing at least 5025% of the aggregate Certificate Percentage Interest Balance have not notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Trust Certificateholders have withheld consent or provided alternative direction:
(a) the initiation of any claim or lawsuit by the Issuer and the compromise of any action, claim or lawsuit brought by or against the Issuer (other than an action brought by the Servicer Administrative Agent on behalf of the Vehicle Origination Trust and Persons having interests in the 20[__]-[__] 2001-A SUBI Certificate Certificates to collect amounts owed under a 20[__]-[__] 2001-A Lease or in respect of a 20[__]-[__] 2001-A Vehicle);
(b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute);
(c) the amendment of the Indenture in circumstances where the consent of any Senior Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Senior Noteholder is not required and such amendment materially and adversely affects the interests of the Trust Certificateholders;
(e) the amendment of any other Basic Document unless the Owner Trustee is furnished an Opinion of Counsel to the effect that such amendment does not materially and adversely affect the interests of the Trust Certificateholders;
(f) the amendment, change or modification of the Issuer 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 adversely affect the interests of the Trust Certificateholders; or
(g) the appointment of a successor Owner Trustee or Indenture Trustee.
Appears in 1 contract