REQUIREMENTS TO COMPLETE EXTENSION. (1) Annexed hereto is an election notice (an "Election Notice") to be returned by any Investor Certificateholder electing to approve the Extension. No Extension shall occur unless Investor Certificateholders holding at least the aggregate principal amount of Class A Certificates and Class B Certificates set forth below, respectively, shall return properly executed Election Notices approving the Extension by the Election Date (as defined below). Any Investor Certificateholder electing to approve the Extension must deliver a properly executed Election Notice at the office of the Trustee, [address] on or before 3:00 p.m., [New York City] time, on [ , ] (the "Election Date"). Any Investor Certificateholder may withdraw any Election Notice delivered by it to the Trustee by notifying the Trustee in writing at the address set forth in the previous sentence on or prior to the Election Date. (2) The minimum principal amount of Class A Certificates that must approve of the Extension before such Extension may occur shall equal $ . (3) The minimum principal amount of Class B Certificates that must approve of the Extension before such Extension may occur shall equal $ . (4) THE EXTENSION SHALL NOT OCCUR UNTIL PRIOR SATISFACTION OF CERTAIN CONDITIONS PRECEDENT BY THE CLOSE OF BUSINESS ON THE ELECTION DATE, INCLUDING THE APPROVAL OF SUCH EXTENSION BY THE INVESTOR CERTIFICATEHOLDERS HOLDING THE REQUIRED AGGREGATE PRINCIPAL AMOUNT OF CLASS A AND CLASS B CERTIFICATES, THAT NO PAY OUT EVENT SHALL HAVE OCCURRED AND BE CONTINUING, AND THAT CERTAIN LEGAL OPINIONS AND RATING AGENCY CONFIRMATIONS SHALL HAVE BEEN DELIVERED TO THE TRANSFEROR AND THE TRUSTEE PURSUANT TO SECTION 6.16(b). THE TRANSFEROR MAY IN ITS SOLE DISCRETION WITHDRAW THIS EXTENSION NOTICE AT ANY TIME ON OR PRIOR TO THE ELECTION DATE BY DELIVERING NOTICE OF SUCH WITHDRAWAL IN WRITING TO THE TRUSTEE. IF ANY SUCH NOTICE OF WITHDRAWAL SHALL BE SO DELIVERED, NO EXTENSION SHALL OCCUR.
Appears in 2 contracts
Samples: Series 1999 1 Variable Funding Supplement (Federated Department Stores Inc /De/), Variable Funding Supplement (Federated Department Stores Inc /De/)
REQUIREMENTS TO COMPLETE EXTENSION. (1) Annexed hereto is an election notice (an "Election Notice") to be returned by any Investor Certificateholder electing to approve the Extension. No Extension shall occur unless Investor Certificateholders holding at least more than fifty percent of each of the aggregate principal amount of Class A Certificates and Class B Certificates set forth belowCertificates, respectively, shall return properly executed Election Notices approving the Extension by the Election Date (as defined below). Any Investor Certificateholder electing to approve the Extension must deliver a properly executed Election Notice at the office of the Trustee, [address[ ] on or before 3:00 p.m., [New York City] time, on [ , ,] (the "Election Date"). Any Investor Certificateholder may withdraw any Election Notice delivered by it to the Trustee by notifying the Trustee in writing at the address set forth in the previous sentence on or prior to the Election Date.
(2) The minimum principal amount of Class A Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(3) The minimum principal amount of Class B Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(4) THE EXTENSION SHALL NOT OCCUR UNTIL PRIOR SATISFACTION OF CERTAIN CONDITIONS PRECEDENT BY THE CLOSE OF BUSINESS ON THE ELECTION DATE, INCLUDING THE APPROVAL OF SUCH EXTENSION BY THE INVESTOR CERTIFICATEHOLDERS HOLDING THE REQUIRED AGGREGATE PRINCIPAL AMOUNT OF CLASS A CERTIFICATES AND CLASS B CERTIFICATES, CERTIFICATES THAT NO PAY OUT EVENT SHALL HAVE OCCURRED AND BE CONTINUING, AND THAT CERTAIN LEGAL OPINIONS AND RATING AGENCY CONFIRMATIONS SHALL HAVE BEEN DELIVERED TO THE TRANSFEROR AND THE TRUSTEE PURSUANT TO SECTION 6.16(b6.17(b). THE TRANSFEROR MAY IN ITS SOLE DISCRETION WITHDRAW THIS EXTENSION NOTICE AT ANY TIME ON OR PRIOR TO THE ELECTION DATE BY DELIVERING NOTICE OF SUCH WITHDRAWAL IN WRITING TO THE TRUSTEE. IF ANY SUCH NOTICE OF WITHDRAWAL SHALL BE SO DELIVERED, NO EXTENSION SHALL OCCUR.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fingerhut Companies Inc)
REQUIREMENTS TO COMPLETE EXTENSION. (1) Annexed hereto is an election notice (an "Election Notice") to be returned by any Investor Certificateholder electing to approve the Extension. No Extension shall occur unless Investor Certificateholders holding at least more than fifty percent of each of the aggregate principal amount of Class A Certificates, Class B Certificates, Class C Certificates and Class B Certificates set forth belowD Certificate, respectively, shall return properly executed execut- ed Election Notices approving the Extension by the Election Elec- tion Date (as defined below). Any Investor Certificateholder Certificate- holder electing to approve the Extension must deliver a properly executed Election Notice at the office of the Trustee, [address[ ] on or before 3:00 p.m., [New York City[ ] time, on [ , ] (the "Election Date"). Any Investor Certificateholder may withdraw any Election Notice delivered by it to the Trustee by notifying noti- fying the Trustee in writing at the address set forth in the previous sentence on or prior to the Election Date.
(2) The minimum principal amount of Class A Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(3) The minimum principal amount of Class B Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(4) THE EXTENSION SHALL NOT OCCUR UNTIL PRIOR SATISFACTION OF CERTAIN CONDITIONS PRECEDENT BY THE CLOSE OF BUSINESS ON THE ELECTION DATE, INCLUDING THE APPROVAL OF SUCH EXTENSION BY THE INVESTOR CERTIFICATEHOLDERS CERTIFI- CATEHOLDERS HOLDING THE REQUIRED AGGREGATE PRINCIPAL AMOUNT OF CLASS A AND CERTIFICATES, CLASS B CERTIFICATES, CLASS C CERTIFICATES AND Class D Certificate, THAT NO PAY OUT EVENT SHALL HAVE OCCURRED AND BE CONTINUING, AND THAT CERTAIN LEGAL OPINIONS AND RATING AGENCY CONFIRMATIONS CONFIRMA- TIONS SHALL HAVE BEEN DELIVERED TO THE TRANSFEROR AND THE TRUSTEE PURSUANT TO SECTION 6.16(b6.17(b). THE TRANSFEROR MAY IN ITS SOLE DISCRETION WITHDRAW THIS EXTENSION NOTICE AT NO- TICE XX ANY TIME ON OR PRIOR TO THE ELECTION DATE BY DELIVERING NOTICE OF SUCH WITHDRAWAL IN WRITING TO THE TRUSTEE. IF ANY SUCH NOTICE OF WITHDRAWAL SHALL BE SO DELIVERED, NO EXTENSION SHALL OCCUR.
Appears in 1 contract
REQUIREMENTS TO COMPLETE EXTENSION. (1) Annexed hereto is an election notice (an "Election Notice") to be returned by any Investor Certificateholder Securityholder electing to approve the Extension. No Extension shall occur unless Investor Certificateholders Securityholders holding at least more than fifty percent of each of the aggregate principal amount of Class A Certificates Security, Class B Securities, Collateralized Trust Obligations and Class B Certificates set forth belowD Security, respectively, shall return properly executed Election Notices approving the Extension by the Election Date (as defined below). Any Investor Certificateholder Securityholder electing to approve the Extension must deliver a properly executed Election Notice at the office of the Trustee, [address[ ] on or before 3:00 p.m., [New York City[ ] time, on [ , ] (the "Election Date"). Any Investor Certificateholder Securityholder may withdraw any Election Notice delivered by it to the Trustee by notifying the Trustee in writing at the address set forth in the previous sentence on or prior to the Election Date.
(2) The minimum principal amount of Class A Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(3) The minimum principal amount of Class B Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(4) THE EXTENSION SHALL NOT OCCUR UNTIL PRIOR SATISFACTION OF CERTAIN CONDITIONS PRECEDENT BY THE CLOSE OF BUSINESS ON THE ELECTION DATE, INCLUDING THE APPROVAL OF SUCH EXTENSION BY THE INVESTOR CERTIFICATEHOLDERS SECURITYHOLDERS HOLDING THE REQUIRED AGGREGATE PRINCIPAL AMOUNT OF CLASS A SECURITY, CLASS B SECURITIES, COLLATERALIZED TRUST OBLIGATIONS AND CLASS B CERTIFICATESD SECURITY, THAT NO PAY OUT EVENT SHALL HAVE OCCURRED AND BE CONTINUING, AND THAT CERTAIN LEGAL OPINIONS AND RATING AGENCY CONFIRMATIONS SHALL HAVE BEEN DELIVERED TO THE TRANSFEROR AND THE TRUSTEE PURSUANT TO SECTION 6.16(b6.17(b). THE TRANSFEROR MAY IN ITS SOLE DISCRETION WITHDRAW THIS EXTENSION NOTICE AT ANY TIME ON OR PRIOR TO THE ELECTION DATE BY DELIVERING NOTICE OF SUCH WITHDRAWAL IN WRITING TO THE TRUSTEE. IF ANY SUCH NOTICE OF WITHDRAWAL SHALL BE SO DELIVERED, NO EXTENSION SHALL OCCUR.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Metris Companies Inc)
REQUIREMENTS TO COMPLETE EXTENSION. (1) Annexed hereto is an election notice (an "Election Notice") to be returned by any Investor Certificateholder electing to approve the Extension. No Extension shall occur unless Investor Certificateholders holding at least one-hundred percent of each of the aggregate principal amount of Class A Certificates, Class B Certificates and Class B Certificates set forth belowC Certificates, respectively, shall return properly executed Election Notices approving the Extension by the Election Date (as defined below). Any Investor Certificateholder electing to approve the Extension must deliver a properly executed Election Notice at the office of the Trustee, [address[ ] on or before 3:00 p.m., [New York City] time, on [ , [,] (the "Election Date"). Any Investor Certificateholder may withdraw any Election Notice delivered by it to the Trustee by notifying the Trustee in writing at the address set forth in the previous sentence on or prior to the Election Date.
(2) The minimum principal amount of Class A Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(3) The minimum principal amount of Class B Certificates that must approve of the Extension before such Extension may occur shall equal $ .
(4) THE EXTENSION SHALL NOT OCCUR UNTIL PRIOR SATISFACTION OF CERTAIN CONDITIONS PRECEDENT BY THE CLOSE OF BUSINESS ON THE ELECTION DATE, INCLUDING THE APPROVAL OF SUCH EXTENSION BY THE INVESTOR CERTIFICATEHOLDERS HOLDING THE REQUIRED AGGREGATE PRINCIPAL AMOUNT OF CLASS A CERTIFICATES AND CLASS B CERTIFICATES, CERTIFICATES THAT NO PAY OUT EVENT SHALL HAVE OCCURRED AND BE CONTINUING, AND THAT CERTAIN LEGAL OPINIONS AND RATING AGENCY CONFIRMATIONS SHALL HAVE BEEN DELIVERED TO THE TRANSFEROR AND THE TRUSTEE PURSUANT TO SECTION 6.16(b6.17(b). THE TRANSFEROR MAY IN ITS SOLE DISCRETION WITHDRAW THIS EXTENSION NOTICE AT ANY TIME ON OR PRIOR TO THE ELECTION DATE BY DELIVERING NOTICE OF SUCH WITHDRAWAL IN WRITING TO THE TRUSTEE. IF ANY SUCH NOTICE OF WITHDRAWAL SHALL BE SO DELIVERED, NO EXTENSION SHALL OCCUR.
Appears in 1 contract
Samples: Amended and Restated Series 1997 1 Supplement (Fingerhut Companies Inc)