Common use of Restrictions Clause in Contracts

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 136 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2021-3), Trust Agreement (AmeriCredit Automobile Receivables Trust 2021-3), Trust Agreement (AmeriCredit Automobile Receivables Trust 2021-2)

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Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes and powers of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge 2.03. None of the Owner Trustee, would result in Sponsor or the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this SectionAgreement or any Basic Document.

Appears in 65 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 61 contracts

Samples: Trust Agreement (Premier Auto Trust 1999-1), Trust Agreement (DaimlerChrysler Auto Trust 2006-B), Trust Agreement (DaimlerChrysler Financial Services Americas LLC)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 56 contracts

Samples: Trust Agreement (CNH Equipment Trust 2024-C), Trust Agreement (CNH Equipment Trust 2024-B), Trust Agreement (CNH Equipment Trust 2024-A)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 4.05.

Appears in 46 contracts

Samples: Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Trust Officer of the Owner Trustee, would result in the Trust’s becoming an association (or publicly traded partnership), in either case, taxable as a corporation for U.S. federal income tax purposespurposes or (c) is not in accordance with applicable law. The Certificateholder Neither the Administrator nor Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionArticle VI.

Appears in 43 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2024-C), Trust Agreement (World Omni Auto Receivables Trust 2024-C), Trust Agreement (World Omni Auto Receivables Trust 2024-B)

Restrictions. The Owner Trustee shall not take any action that, to its actual knowledge, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation (or publicly traded partnership) for U.S. federal income tax purposes or for state or local income or franchise tax purposes. The Certificateholder Certificateholders and Servicer shall not direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 42 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2024-B), Trust Agreement (Hyundai Auto Receivables Trust 2024-B), Trust Agreement (Hyundai Auto Receivables Trust 2024-A)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 40 contracts

Samples: Deposit Trust Agreement (Residential Resources Inc), Trust Agreement (Money Store Auto Trust 1996-2), Trust Agreement (Chec Asset Receivables Corp)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action actions that would violate the provisions of this Section.

Appears in 40 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2024-B), Trust Agreement (Harley-Davidson Motorcycle Trust 2024-B), Trust Agreement (Harley-Davidson Motorcycle Trust 2024-A)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the TrustIssuer’s becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this SectionAgreement.

Appears in 40 contracts

Samples: Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2015-3 Owner Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 6.06.

Appears in 39 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2016-A), Trust Agreement (World Omni Auto Receivables Trust 2016-A), Trust Agreement (World Omni Auto Receivables LLC)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Securitization Trust set forth in Section 2.3 2.3, or (b) that, to the actual knowledge of the Owner Trustee, would result in the Securitization Trust’s becoming an association (or publicly traded partnership) taxable as a corporation for federal income tax purposes. The Certificateholder Trust Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 35 contracts

Samples: Trust Agreement, Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the TrustIssuer’s becoming an association (or a publicly traded partnership) taxable as a corporation for U.S. federal income and state and local income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionAgreement.

Appears in 33 contracts

Samples: Trust Agreement (Honda Auto Receivables 2024-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-2 Owner Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (x) would result in the Trust’s becoming taxable as a corporation for federal income tax purposespurposes or (y) affect the treatment of the Notes as indebtedness for federal or state income purpose. The Certificateholder Certificateholders shall not have the authority to and, by acceptance of a beneficial interest in any Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 32 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2015-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2015-C Owner Trust), Trust Agreement (Toyota Auto Finance Receivables LLC)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the TrustIssuer’s becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionAgreement.

Appears in 32 contracts

Samples: Trust Agreement (Honda Auto Receivables 2019-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2019-3 Owner Trust), Trust Agreement (American Honda Receivables LLC)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 4.06.

Appears in 32 contracts

Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Ab Mortgage Securities Corp)

Restrictions. The Owner Trustee shall not (a) take any action (a) that is inconsistent with the purposes of the Owner Trust set forth in Section 2.3 or (b) take any action or amend this Agreement in any manner that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s Owner Trust becoming taxable as a corporation for United States federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 27 contracts

Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 27 contracts

Samples: Trust Agreement (Mego Financial Corp), Owner Trust Agreement (Painewebber Mortgage Acceptance Corporation Iv), Trust Agreement (Mego Financial Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 of this Agreement, or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 26 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-3), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-3), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2)

Restrictions. (a) The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes2.03. The Certificateholder Ownership Certificate Holder shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.05.

Appears in 24 contracts

Samples: Trust Agreement (New York Mortgage Trust 2005-3), Trust Agreement (Aames Mortgage Investment Trust 2005-4), Trust Agreement (Aames Mortgage Investment Trust 2006-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section. For the avoidance of doubt, in connection with this Section 6.6, the Owner Trustee shall be fully protected under Sections 6.3 and 7.1(b) for its good faith reliance on instructions received pursuant to Section 6.3.

Appears in 23 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Trust Officer of the Owner Trustee, (x) would result in the Trust’s becoming taxable as a corporation for federal income tax purposespurposes or (y) affect the treatment of the Notes as indebtedness for federal or state income purpose. The Certificateholder Certificateholders shall not have the authority to and, by acceptance of an ownership interest in any Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 23 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2010-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2010-a Owner Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Securitization Trust set forth in Section 2.3 of this Agreement, or (b) that, to the actual knowledge of the Owner Trustee, would result in the Securitization Trust’s becoming an association (or publicly traded partnership) taxable as a corporation for federal income tax purposes. The Certificateholder Trust Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 23 contracts

Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-2), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2), Trust Agreement (GM Financial Automobile Leasing Trust 2024-1)

Restrictions. The Owner Trustee shall not take any action that, to its actual knowledge, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes or for state or local income or franchise tax purposes. The Certificateholder Certificateholders and Servicer shall not direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 21 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2013-A), Trust Agreement (Hyundai Abs Funding Corp), Trust Agreement (Hyundai Auto Receivables Trust 2012-C)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Owner shall not direct the Owner Trustee to take action that would violate the provisions of this Section. In no event shall the Trust elect to be treated as an association taxable as a corporation.

Appears in 20 contracts

Samples: Trust Agreement (John Deere Receivables, Inc.), Trust Agreement (John Deere Owner Trust 2015-B), Trust Agreement (John Deere Owner Trust 2014-B)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owner shall not direct the Owner Trustee to take action actions that would violate the provisions of this Section.

Appears in 19 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2007-2), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation or a publicly traded partnership for federal Federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 19 contracts

Samples: Trust Agreement (National Financial Auto Funding Trust), Trust Agreement (National Auto Finance Co Inc), Trust Agreement (Household Auto Receivables Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 hereof or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Transferor shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 6.6.

Appears in 17 contracts

Samples: Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1), Trust Agreement (Household Mortgage Loan Trust 2003-Hc2)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Trust Officer of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposespurposes or (c) is not in accordance with applicable law. The Certificateholder Neither the Administrator nor Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 6.06.

Appears in 17 contracts

Samples: Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables LLC)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 17 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2003-B-X), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Restrictions. The Owner Trustee shall not take any action action: (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 16 contracts

Samples: Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (Case Receivables Ii Inc), Trust Agreement (Case Receivables Ii Inc)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 14 contracts

Samples: Trust Agreement (UPFC Auto Receivables Corp.), Trust Agreement (United Pan Am Financial Corp), Trust Agreement (Americredit Automobile Receivables Trust 2003-a-M)

Restrictions. The Owner Trustee shall not take any action that, to its actual knowledge, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for U.S. federal income tax purposes. The Certificateholder Certificateholders, the Servicer and the Administrator shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 14 contracts

Samples: Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2023-A)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Neither the Administrator nor the Equity Certificateholder shall not direct the Owner Trustee to take action actions that would violate the provisions of this SectionSection or any Transaction Document.

Appears in 14 contracts

Samples: Trust Agreement (Cit Equipment Collateral 2001-1), Trust Agreement (Cit Equipment Collateral 2000-2), Trust Agreement (Cit Equipment Collateral 2001-1)

Restrictions. (a) The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in cause the Trust’s becoming Trust to be treated as an association (or a publicly-traded partnership) taxable as a corporation or a taxable mortgage pool for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 4.05.

Appears in 13 contracts

Samples: Trust Agreement (GMACM Home Loan Trust 2006-Hltv1), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (GMACM Home Loan Trust 2004-Hltv1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Trust Officer of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not have the authority to and, by acceptance of an ownership interest in any Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 13 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2002-a Owner Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, Trustee would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 12 contracts

Samples: Trust Agreement (Regions Auto Receivables Trust 2002-1), Trust Agreement (National City Auto Receivables Trust 2004-A), Trust Agreement (Goldman Sachs Asset Backed Securities Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 12 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 11 contracts

Samples: Trust Agreement (WFS Financial 1998 a Owner Trust), Trust Agreement (WFS Financial 1997-a Owners Trust), Trust Agreement (WFS Financial 1997-C Owner Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 11 contracts

Samples: Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of a Responsible Officer in the Owner TrusteeTrustee Corporate Trust Office, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 10 contracts

Samples: Trust Agreement (WFS Receivables Corp), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 2)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not have the authority to and, by acceptance of an ownership interest in the Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 10 contracts

Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Toyota Motor Credit Corp)

Restrictions. The Owner Trustee shall not take any action that, to its actual knowledge, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation (or publicly traded partnership) for federal income tax purposes or for state or local income or franchise tax purposes. The Certificateholder Certificateholders and Servicer shall not direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 10 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2015-C), Trust Agreement (Hyundai Auto Receivables Trust 2015-B), Trust Agreement (Hyundai Auto Receivables Trust 2015-A)

Restrictions. The Owner Trustee shall not take any action that, to its actual knowledge, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders, the Servicer and the Administrator shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 10 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2016-A), Trust Agreement (BMW Vehicle Owner Trust 2016-A), Trust Agreement (BMW Fs Securities LLC)

Restrictions. (a) The Owner Trustee shall not take any action that (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 9 contracts

Samples: Trustee Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-A), Trust Agreement (Bear Stearns Asset Backed Securities Inc), Trust Agreement (Irwin Home Equity Loan Trust 2005-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 hereof or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Transferor shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 6.6.

Appears in 9 contracts

Samples: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1), Trust Agreement (Household Mortgage Loan Trust 2004-Hc1), Trust Agreement (Fund America Investors Corp Ii)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) take any action (including, without limitation, participating in the establishment of a market or the inclusion of the Trust’s interests thereon, within the meaning of Treasury Regulation Section 1.7704-1(d)(1)) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 9 contracts

Samples: Trust Agreement (Franklin Auto Trust 2007-1), Trust Agreement (Franklin Auto Trust 2005-1), Trust Agreement (Franklin Auto Trust 2004-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Instructing Party shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 9 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2004-B), Trust Agreement (Long Beach Acceptance Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Neither the Depositor nor the holder of the Excess Distribution Certificate shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 9 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement (SLM Private Credit Student Loan Trust 2007-A)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of a Responsible Officer in the Owner TrusteeTrustee Corporate Trust Office, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.. ARTICLE SEVEN

Appears in 9 contracts

Samples: Trust Agreement (WFS Financial Auto Loans Inc), Trust Agreement (WFS Receivables Corp), Trust Agreement (WFS Receivables Corp 4)

Restrictions. The Owner Trustee shall not take any ------------ action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 8 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owner shall not direct the Owner Trustee to take action actions that would violate the provisions of this Section.

Appears in 8 contracts

Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposespurposes or (c) that is not in accordance with applicable law. The Certificateholder Owner shall not direct the Owner Trustee to take action that would violate the provisions of this Section. In no event shall the Trust elect to be treated as an association taxable as a corporation.

Appears in 8 contracts

Samples: Trust Agreement (John Deere Owner Trust 2018), Trust Agreement (John Deere Owner Trust 2018), Trust Agreement (John Deere Owner Trust 2017-B)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposespurposes or for the purposes of any applicable state tax on corporations. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 7 contracts

Samples: Trust Agreement (Consumer Portfolio Services Inc), And (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 4.05.

Appears in 7 contracts

Samples: Owner Trust Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Neither the Depositor nor the holder of the Excess Distribution Certificate shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 7 contracts

Samples: Trust Agreement (SLM Education Credit Funding LLC), Trust Agreement (SLM Education Credit Funding LLC), Trust Agreement (SLM Education Credit Funding LLC)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation or a publicly traded partnership for federal Federal income tax purposes. The Certificateholder Residual Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 6 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge Actual Knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Holders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.05.

Appears in 6 contracts

Samples: Trust Agreement (Thornburg Mortgage Securities Trust 2007-2), Trust Agreement (Thornburg Mortgage Securities Trust 2007-1), Trust Agreement (Thornburg Mortgage Securities Corp)

Restrictions. The Owner Trustee shall not take any action that, (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 6.05.

Appears in 6 contracts

Samples: Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Technology Growth Capital Inc)

Restrictions. The Owner Trustee shall will not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The No Certificateholder shall not will direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.6.

Appears in 6 contracts

Samples: Trust Agreement (Triad Automobile Receivables Trust 2005-A), Trust Agreement (Triad Automobile Receivables Trust 2006-A), Trust Agreement (Triad Automobile Receivables Trust 2006-B)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge Actual Knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.05.

Appears in 5 contracts

Samples: Trust Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Trust Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Trust Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)

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Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation or a taxable mortgage pool for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 4.05.

Appears in 5 contracts

Samples: Trust Agreement (Home Equity Loan Trust 2006-Hsa3), Trust Agreement (Home Equity Loan Trust 2006-Hsa4), Trust Agreement (Home Equity Loan Trust 2007-Hsa1)

Restrictions. The Owner Trustee shall not take any action action: (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 5 contracts

Samples: Trust Agreement (CNH Equipment Trust 2005-B), Trust Agreement (CNH Equipment Trust 2006-A), Trust Agreement (CNH Equipment Trust 2007-A)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 5 contracts

Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation or a publicly traded partnership for federal income tax purposes. The Certificateholder Residual Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 5 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (Greenpoint Mortgage Securities LLC)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge Actual Knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Holders of the Trust Certificates shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.05.

Appears in 5 contracts

Samples: Trust Agreement (Saxon Asset Securities Trust 2005-1), Trust Agreement (Saxon Asset Securities Trust 2004-3), Trust Agreement (Saxon Asset Securities Trust 2005-2)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section SECTION 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (UPFC Auto Receivables Trust 2007-B), Trust Agreement (UPFC Auto Receivables Trust 2006-A), Trust Agreement (UPFC Auto Receivables Trust 2007-A)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Owner Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Owner Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Beneficiary shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (First Usa Credit Card Master Trust), Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (First Usa Credit Card Master Trust)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Owner Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Owner Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Beneficiary shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Chase Card Funding LLC), Trust Agreement (Chase Issuance Trust), Trust Agreement (Chase Issuance Trust)

Restrictions. The Owner Trustee shall not take any action that, to its actual knowledge, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Vehicle Owner Trust 2006-A), Trust Agreement (BMW Vehicle Owner Trust 2004-A)

Restrictions. (a) The Owner Trustee shall not take any action (ax) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (by) that, to the actual knowledge Actual Knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation subject to entity level taxation for federal income tax purposes. The Certificateholder Holders of the Trust Certificates shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.05.

Appears in 4 contracts

Samples: Trust Agreement (Sast 2006-3), Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Trust 2005-3)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with would violate the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder Transferor shall not direct the Owner Trustee to take action that would violate the provisions of this Section.. ARTICLE SIX

Appears in 4 contracts

Samples: Trust Agreement (Nordstrom Inc), Trust Agreement (Nordstrom Credit Inc), Trust Agreement (Nordstrom Inc)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming Trust being treated as an association or publicly traded partnership taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (HSBC Automotive Trust 2005-3), Trust Agreement (HSBC Automotive Trust (USA) 2006-3), Trust Agreement (HSBC Automotive Trust (USA) 2006-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Trust Officer of the Owner Trustee, (x) would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposespurposes or (y) affect the treatment of the Notes as indebtedness for federal or state income purpose. The Certificateholder Certificateholders shall not have the authority to and, by acceptance of an ownership interest in any Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2003-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2004-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2004-a Owner Trust)

Restrictions. The Owner Trustee shall not take any action action: (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Bond Securitization LLC), Trust Agreement (Bond Securitization LLC), Trust Agreement (Goldman Sachs Asset Backed Securities Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 of this Agreement, or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.tax

Appears in 4 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Barnett Auto Receivables Corp), Trust Agreement (Barnett Auto Receivables Corp), Trust Agreement (Ace Securities Corp)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Neither the Administrator nor the Equity Certificateholder shall not direct the Owner Trustee to take action actions that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Asset Backed Securities Corp), Trust Agreement (NCT Funding Co LLC), Trust Agreement (NCT Funding Co LLC)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation or a publicly traded partnership for federal Federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Household Automotive Trust Vi Series 2000 3), Execution (Household Automobile Revolving Trust I), Trust Agreement (Household Automotive Trust Iv Series 2000-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Prior to the payment in full of the Senior Notes, the Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2008-A), Trust Agreement (Chrysler Financial Auto Securitization Trust 2009-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-B)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Securitization Trust set forth in Section 2.3 2.3, or (b) that, to the actual knowledge of the Owner Trustee, would result in the Securitization Trust’s becoming an association (or publicly traded partnership) taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.tax

Appears in 4 contracts

Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2020-2), Trust Agreement (GM Financial Automobile Leasing Trust 2020-2), GM Financial Automobile Leasing Trust 2020-1

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 of this Agreement or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2023-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2023-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2023-1)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 of this Agreement, or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-4)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming an association, or publicly traded partnership, taxable as a corporation for federal income tax purposes. The Certificateholder Instructing Party shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 6.6.

Appears in 4 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Residential Asset Funding Corp), Trust Agreement (Home Equity Securitization Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Owner Trust Agreement (Bcap LLC), Owner Trust Agreement (Etrade Mortgage Backed Securities Corp), Trust Agreement (Capitalsource Inc)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Certificateholders shall not have the authority to and, by acceptance of an ownership interest in any Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Toyota Motor Credit Receivables Corp)

Restrictions. The Owner Trustee shall not take any ------------ action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would ----------- result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Owner Trust Agreement (Southpoint Residential Mortgage Securities Corp), Owner Trust Agreement (Ace Securities Corp), Owner Trust Agreement (National Mortgage Securities Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 hereof or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Transferor shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 7.6 .

Appears in 3 contracts

Samples: Trust Agreement (Chec Funding LLC), Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Owner shall not direct the Owner Trustee to take action that would violate the provisions of this Section. In no event shall the Trust elect to be treated as an association taxable as a corporation.

Appears in 3 contracts

Samples: Trust Agreement (John Deere Owner Trust 2006), Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder shall not have the authority to and, by acceptance of an ownership interest in the Certificate shall thereby be deemed to have covenanted not to, direct the Owner Trustee to take action that would violate the provisions of this Section.. ARTICLE VII

Appears in 3 contracts

Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal Federal income tax purposes. The Certificateholder holder of the Trust Certificate shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (KeyCorp Student Loan Trust 2006-A), Trust Agreement (Key Consumer Receivables LLC), Trust Agreement (KeyCorp Student Loan Trust 2005-A)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s Trust becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owners shall not direct the Owner Trustee to take action actions that would violate the provisions of this SectionSection 6.06.

Appears in 3 contracts

Samples: Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Owner shall not direct the Owner Trustee to take action that would violate the provisions of this Section. In no event shall the Trust elect to be treated as an association taxable as a corporation.

Appears in 3 contracts

Samples: Trust Agreement (John Deere Owner Trust 2016), Trust Agreement (John Deere Owner Trust 2016), Trust Agreement (John Deere Receivables, Inc.)

Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of the Owner Trustee, (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Certificateholders shall not direct the Owner Trustee to take any action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Regions Acceptance LLC), Trust Agreement (National City Bank /), Trust Agreement (SSB Vehicle Sec Huntington Auto Trust 2000-A)

Restrictions. The Owner Trustee shall not take any action (ai) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (bii) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal or state income tax purposes. The Certificateholder Owner shall not direct the Owner Trustee to take action actions that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Orix Credit Alliance Receivables Trust 2000-A), Trust Agreement (Heller Funding Corp), Trust Agreement (Orix Credit Alliance Receivables Trust 1999-A)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder Residual Interestholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s 's becoming taxable as a corporation for federal income tax purposes. The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-2), Trust Agreement (AFS Funding Trust), Trust Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with that, to the actual knowledge of a Responsible Officer of Owner Trustee, would violate the purposes of the Trust set forth in Section 2.3 2.03 or (b) that, to the actual knowledge of the a Responsible Officer of Owner Trustee, would result in the Trust’s becoming taxable as a corporation for federal income tax purposes. The Certificateholder Transferor shall not direct the Owner Trustee to take action that would violate the provisions of this SectionSection 5.06.

Appears in 3 contracts

Samples: Trust Agreement (First National Funding LLC), Trust Agreement (First National Funding LLC), Trust Agreement (First National Master Note Trust)

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