Common use of Restriction of Owner Trustee Activities Clause in Contracts

Restriction of Owner Trustee Activities. Until the date that is ninety-one (91) days after the payment by the Owner Trustee in full of all payments on the Notes and any amount owed to the Note Insurer, the Owner Trustee, as owner trustee for the Trust, will not on or after the date of execution of this Indenture (i) permit the Trust to engage in any business or investment activities other than those necessary for, incident to, connected with or arising out of, owning and Granting the Trust Property to the Indenture Trustee for the benefit of the Noteholders, and, subject to the provisions hereof, the Note Insurer, or contemplated hereby, in the Trust Agreement, the Contribution Agreement and the Servicing Agreement (which business and investment activities will not be contrary to the Trust's status as a "Qualifying SPE" under FAS 140 or any successor accounting standard thereto), (ii) incur any indebtedness secured in any manner by, or having any claim against, the Trust Property or the Owner Trustee, except the Certificate or indebtedness arising under the Servicing Agreement, the Insurance Agreement or the Indenture Trustee fee letter, or (iii) incur any other indebtedness except as permitted in the Trust Agreement, without giving notice thereof in writing, not less than 30 nor more than ninety (90) days prior to the date on which such amendment is to become effective, to the Indenture Trustee and the Rating Agencies by delivery of an Officer's Certificate and obtaining the prior written consent thereto of the Note Insurer.

Appears in 2 contracts

Samples: Indenture (Capital One Auto Receivables Trust 2001-B), Indenture (Capital One Auto Finance Trust 2002-A)

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Restriction of Owner Trustee Activities. Until the date that is ninety-one (91) days year and one day after the payment by the Owner Trustee in full of all payments on the Notes and any amount owed to the Note Insurer, the Owner Trustee, as owner trustee for the Trust, will not on or after the date of execution of this Indenture (i) permit the Trust to engage in any business or investment activities other than those necessary for, incident to, connected with or arising out of, owning and Granting the Trust Property to the Indenture Trustee for the benefit of the NoteholdersNoteholders and the Swap Counterparty, and, subject to the provisions hereof, the Note Insurer, or contemplated hereby, in the Trust Agreement, the Contribution Agreement and the Servicing Agreement (which business and investment activities will not be contrary to the Trust's status as a "Qualifying SPE" under FAS 140 or any successor accounting standard thereto), (ii) incur any indebtedness secured in any manner by, or having any claim against, the Trust Property or the Owner Trustee, except the Certificate or indebtedness arising under the Servicing Agreement, the Insurance Agreement, the Interest Rate Swap Agreement or the Indenture Trustee fee letter, or (iii) incur any other indebtedness except as permitted in the Trust Agreement, without giving notice thereof in writing, not less than 30 thirty (30) nor more than ninety (90) days prior to the date on which such amendment is to become effective, to the Indenture Trustee and the Rating Agencies by delivery of an Officer's Certificate and obtaining the prior written consent thereto of the Note InsurerInsurer and the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full).

Appears in 1 contract

Samples: Indenture (Capital One Auto Finance Trust 2002-C)

Restriction of Owner Trustee Activities. Until the date that is ninety-one (91) days year and one day after the payment by the Owner Trustee in full of all payments on the Notes and any amount owed to the Note Insurer, the Owner Trustee, as owner trustee for the Trust, will not on or after the date of execution of this Indenture (i) permit the Trust to engage in any business or investment activities other than those necessary for, incident to, connected with or arising out of, owning and Granting the Trust Property to the Indenture Trustee for the benefit of the Noteholders, and, subject to the provisions hereof, the Note Insurer, or contemplated hereby, in the Trust Agreement, the Contribution Agreement and the Servicing Agreement (which business and investment activities will not be contrary to the Trust's status as a "Qualifying SPE" under FAS 140 or any successor accounting standard thereto), (ii) incur any indebtedness secured in any manner by, or having any claim against, the Trust Property or the Owner Trustee, except the Certificate or indebtedness arising under the Servicing Agreement, the Insurance Agreement, the Interest Rate Swap Agreement or the Indenture Trustee fee letter, or (iii) incur any other indebtedness except as permitted in the Trust Agreement, without giving notice thereof in writing, not less than 30 thirty (30) nor more than ninety (90) days prior to the date on which such amendment is to become effective, to the Indenture Trustee and the Rating Agencies by delivery of an Officer's Certificate and obtaining the prior written consent thereto of the Note InsurerInsurer and the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full).

Appears in 1 contract

Samples: Indenture (Capital One Auto Receivables LLC)

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Restriction of Owner Trustee Activities. Until the date that is ninety-one (91) days after the payment by the Owner Trustee in full of all payments on the Notes and any amount owed to the Note Insurer, the Owner Trustee, as owner trustee for the Trust, will not on or after the date of execution of this Indenture Indenture, (i) permit the Trust to engage in any business or investment activities other than those necessary for, incident to, connected with or arising out of, owning and Granting the Trust Property to the Indenture Trustee for the benefit of the Noteholders, and, subject to the provisions hereof, the Note Insurer, or contemplated hereby, in the Trust Agreement, the Contribution Agreement and the Servicing Agreement (which business and investment activities will not be contrary to the Trust's status as a "Qualifying SPE" under FAS 140 or any successor accounting standard thereto), (ii) incur any indebtedness secured in any manner by, or having any claim against, the Trust Property or the Owner Trustee, except the Certificate or indebtedness arising under the Servicing Agreement, the Insurance Agreement or the Indenture Trustee fee letter, or (iii) incur any other indebtedness except as permitted in the Trust Agreement, without giving notice thereof in writing, not less than 30 nor more than ninety (90) days prior to the date on which such amendment is to become effective, to the Indenture Trustee and the Rating Agencies by delivery of an Officer's Certificate and obtaining the prior written consent thereto of the Note Insurer.

Appears in 1 contract

Samples: Indenture (Capital One Auto Receivables LLC)

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