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 66 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 (Daimlerchrysler Auto Trust 2000 B), Trust Agreement (Nal Financial Group Inc), Master Trust Agreement (A I Receivables Transfer Corp)

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 56 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 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. 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 44 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2024-C), Trust Agreement (Hyundai Auto Receivables Trust 2024-C), Trust Agreement (Hyundai Auto Receivables Trust 2024-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 44 contracts

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

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 41 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 (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 (TMS Auto Holdings Inc), Trust Agreement (Conseco Finance Securitizations 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 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 35 contracts

Samples: Trust Agreement (Honda Auto Receivables 2024-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2024-3 Owner Trust)

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. 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 (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 27 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-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 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: Owner Trust Agreement (Painewebber Mortgage Acceptance Corporation Iv), Owner Trust Agreement (Empire Funding Home Loan Owner Trust 1997-5), Trust Agreement (American Business Financial Services Inc /De/)

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 Owner Trust 2001-1), Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Credit Card Owner Trust 2001-4)

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 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. 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 25 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 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 25 contracts

Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-3), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2)

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 22 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 (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 (Household Auto Receivables Corp), Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Household Auto 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 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 2005-4), Trust Agreement (Harley-Davidson Motorcycle Trust 2005-3), 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 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 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 (Household Mortgage Loan Trust 2003-Hc2), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1)

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

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 Trust’s Issuer'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 15 contracts

Samples: Trust Agreement (American Honda Receivables Corp), Trust Agreement (Honda Auto Receivables 2002-3 Owner Trust), Trust Agreement (Honda Auto Receivables 2003-1 Owner Trust)

Restrictions. The Neither the Owner Trustee nor the Trust Agent 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 TrusteeTrustee or the Trust Agent, as applicable, 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 or the Trust Agent to take action that would violate the provisions of this Section.

Appears in 15 contracts

Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial 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 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: Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2023-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 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 (Americredit Financial Services Inc), Trust Agreement (United Pan Am Financial 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 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 2005-Vt1), 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 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 Ii 2001-C Owner Trust), Trust Agreement (Nissan Auto Receivables 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 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 (Merrill Auto Trust Securitization 2007-1), Trust Agreement (National City Auto Receivables Trust 2002-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 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 Auto Loans Inc), Trust Agreement (WFS Financial 1998 a Owner 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 (Olympic Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Olympic Receivables Finance 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 (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 3), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS 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 Instructing Party shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 10 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement, Trust Agreement (Long Beach Acceptance Corp)

Restrictions. The Neither the Owner Trustee nor the Trust Agent 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 TrusteeTrustee or the Trust Agent, as applicable, 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 or the Trust Agent to take action that would violate the provisions of this Section.

Appears in 10 contracts

Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance 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 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 Auto Finance Receivables LLC), Trust Agreement (Toyota Auto Finance Receivables LLC)

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. 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 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 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 2003-2), Trust Agreement (Franklin Auto Trust 2004-2), 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 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 (First Horizon Asset Sec HELOC Notes Ser 2007-He1), Trust Agreement (First Horizon Asset Securities 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 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 Receivables Corp), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3)

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 (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 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 (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), Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services 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 (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 Trust’s Issuer'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 7 contracts

Samples: Trust Agreement (Honda Auto Receivables 2007-1 Owner Trust), Trust Agreement (Honda Auto Receivables 2007-3 Owner Trust), Trust Agreement (American Honda Receivables 2006-1 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 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. 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 Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Automobile Receivables Trust 2006-A)

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 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 6 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)

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 5 contracts

Samples: Trust Agreement (Jpmorgan Chase Bank, National Association), Trust Agreement (Chase Card Funding LLC), Trust Agreement (Chase Issuance 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 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-A), Trust Agreement (CNH Equipment Trust 2007-A), Trust Agreement (CNH Equipment Trust 2006-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 the Owner Trustee, would result in the Trust’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 5 contracts

Samples: Deposit Trust Agreement (Banccap Asset Securization Issuance Corp), Trust Agreement (Bayview Financial Securities Co LLC), Trust Agreement (BLG Securities Company, LLC)

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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 Home Equity Loan Trust 2004-4), Trust Agreement (Greenpoint Mortgage Securities 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 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 (Mellon Auto Receivables Corp), Trust Agreement (Barnett Auto Receivables Corp), Trust Agreement (Ace 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.

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 2.03 or (b) that, to the actual knowledge of the Owner Trustee, would result in the Trust’s becoming Trust being treated as a association (or publicly traded partnership) taxable as a corporation for federal income tax purposes. The Certificateholder Owner Trustee and the Seller agree that no election to treat the Trust as an association (or publicly traded partnership) taxable as a corporation for United States Federal income tax purposes or any relevant state tax purposes shall be made by or on behalf of the Trust. The Owner shall not direct the Owner Trustee or the Seller to take action that would violate the provisions of this Section.

Appears in 4 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial 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 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), Trust Agreement (Capitalsource Inc), Owner Trust Agreement (Etrade Mortgage 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 '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), Trust Agreement (Household Automotive Trust v Series 2000 2), Trust Agreement (Household Automobile Revolving Trust I)

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 Vehicle Owner Trust 2005-A), Trust Agreement (BMW Vehicle Owner Trust 2004-A), Trust Agreement (BMW Fs Securities 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 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 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 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-A), Trust Agreement (UPFC Auto Receivables Trust 2007-B), Trust Agreement (UPFC 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 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-B), Trust Agreement (Chrysler Financial Auto Securitization Trust 2009-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-A)

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), Trust Agreement (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 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. Auto Receivables Trust 2006-A), Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B)

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 (Gs 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 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 (Residential Asset Funding Corp), Trust Agreement (Home Equity Securitization Corp), Trust Agreement (Gs 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 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 (USA) 2006-3), Trust Agreement (HSBC Auto Receivables Corp), Trust Agreement (HSBC Automotive Trust (USA) 2006-1)

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 (NCT Funding Co LLC), Trust Agreement (NCT Funding Co LLC), 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 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 Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (WFS Financial 2004-4 Owner Trust), Trust Agreement (WFS Financial 2005-1 Owner Trust), Trust Agreement (WFS Financial 2005-2 Owner Trust)

Restrictions. The Owner Trustee shall not take any action (a) that violates or results in a breach of or 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 3 contracts

Samples: Deposit Trust Agreement (Residential Asset Funding Corp), Deposit Trust Agreement (Residential Asset Funding Corp), Deposit Trust Agreement (Prudential Securities Secured Financing Corp)

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section ss. 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 3 contracts

Samples: Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Advanta Automobile Receivables Trust 1997-2), Trust Agreement (Advanta Automobile Receivables 1998-1)

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 (National City Bank /), Trust Agreement (Regions Acceptance LLC), Trust Agreement (SSB Vehicle Sec Huntington Auto Trust 2000-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 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 (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc), Trust Agreement (John Deere Owner Trust 2006)

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 (Renaissance Mortgage Acceptance Corp), Trust Agreement (Chec 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 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 SectionSection 6.06.

Appears in 3 contracts

Samples: Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (Lehman Abs Corp), Trust Agreement (Ml Asset Backed 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 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 Neither the Holder of the Voting Interest nor the Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Money Store Home Equity Corp), Trust Agreement (Money Store Home Equity Corp), Trust Agreement (Money Store Home Equity 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 Owners shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (First Horizon Asset Securities Inc), Trust Agreement (Indymac Abs Inc), Trust Agreement (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 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 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 (AmeriCredit Automobile Receivables Trust 2007-a-X), Trust Agreement (AFS Funding 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 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 2005-A), Trust Agreement (Key Consumer Receivables LLC), Trust Agreement (KeyCorp Student Loan 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 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 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)

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

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 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. . (b) The Certificateholder Owner Trustee agrees that, to the fullest extent permitted by law, it will not transfer any Trust Assets. (c) The Holders shall not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn), Trust Agreement (Northwest Airlines Inc /Mn)

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 Certificateholder shall will not direct the Owner Trustee to take action that would violate the provisions of this Section.

Appears in 3 contracts

Samples: Trust Agreement (Triad Automobile Receivables Trust 2004-A), Trust Agreement (Triad Automobile Receivables Trust 2002 A), Trust Agreement (Triad Automobile Receivables Trust 2003-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 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 3 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2010-A), Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities 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 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 SectionSection 6.06.

Appears in 3 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 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)

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