Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable law. None of the Certificateholders, the Administrator, the Servicer nor the Seller shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.
Appears in 56 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Drive Auto Receivables Trust 2021-3), Trust Agreement (Drive Auto Receivables Trust 2021-3)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer Trust set forth in Section 2.3 or (b) that, to the actual knowledge of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, income or Applicable Tax State income or franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state Applicable Tax State income or franchise tax purposes or (iii) cause the Issuer Trust or any portion thereof to be treated taxable as an association (or publicly traded partnership partnership) taxable as a corporation for United States federal income, state and local income or Applicable Tax State income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.
Appears in 55 contracts
Samples: Trust Agreement (USAA Auto Owner Trust 2007-2), Trust Agreement (USAA Auto Owner Trust 2007-1), Trust Agreement (USAA Auto Owner Trust 2008-1)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable law. None of the Certificateholders, the Administrator, the Servicer nor the Seller Depositor shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.
Appears in 33 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2024-5), Trust Agreement (Drive Auto Receivables Trust 2024-2), Trust Agreement (Drive Auto Receivables Trust 2024-2)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Residual Interestholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.6Section.
Appears in 33 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables Trust 2013-3)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.
Appears in 28 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, income and franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) cause the Issuer to be contrary to applicable lawtreated as other than a grantor trust for United States federal income tax purposes. None of Neither the CertificateholdersDepositor, the Administrator, the Servicer Administrator nor the Seller any Certificateholder shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6Section.
Appears in 18 contracts
Samples: Trust Agreement (Capital One Prime Auto Receivables Trust 2024-1), Trust Agreement (Capital One Prime Auto Receivables Trust 2023-2), Trust Agreement (Capital One Prime Auto Receivables Trust 2023-2)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.
Appears in 16 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2018-5), Trust Agreement (Santander Drive Auto Receivables Trust 2018-5), Trust Agreement (Santander Drive Auto Receivables Trust 2018-4)
Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust set forth in Section 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States U.S. federal income, state and local income, income and franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States U.S. federal income or state income or franchise tax purposes or (iii) cause the Issuer Trust or any portion thereof to be treated as an association (or publicly traded partnership partnership), in either case, taxable as a corporation for United States U.S. federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.66.06.
Appears in 13 contracts
Samples: Trust Agreement (World Omni LT), Trust Agreement (World Omni LT), Trust Agreement (World Omni LT)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise and value added tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the CertificateholdersCertificateholder, the Administrator, the Servicer nor the Seller Transferor or Administrator shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6Section.
Appears in 12 contracts
Samples: Trust Agreement (Vw Credit Leasing LTD), Trust Agreement (Volkswagen Auto Lease Trust 2015-A), Trust Agreement (Volkswagen Auto Lease Trust 2015-A)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) that is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) affect the treatment of the Notes as indebtedness for United States federal income, income and state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.6Section.
Appears in 10 contracts
Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten 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 2.03 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States U.S. federal income, state and local income, income and franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States U.S. federal income or state income or franchise tax purposes or (iii) cause the Issuer Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States U.S. federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.66.06.
Appears in 3 contracts
Samples: Trust Agreement (World Omni LT), Trust Agreement (World Omni Automobile Lease Securitization Trust 2019-B), Trust Agreement (World Omni Automobile Lease Securitization Trust 2019-B)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable law. None of the Certificateholders, the Administrator, the Servicer nor the Seller Depositor shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.. 28 Amended and Restated Trust Agreement (SDART 2023-5)
Appears in 2 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2023-5), Trust Agreement (Santander Drive Auto Receivables Trust 2023-5)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable law. None of the Certificateholders, the Administrator, the Servicer nor the Seller shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.be
Appears in 2 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)
Restrictions. The Owner Trustee shall not take any action that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (i) affect the treatment of the Notes as indebtedness for United States federal income, state and local income, franchise and value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for United States federal income or state income or franchise tax purposes or (iii) cause the Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable law. None of the Certificateholders, the Administrator, the Servicer nor the Seller Depositor shall direct the Owner Trustee to take action that would violate the provisions of this Section 6.6.. 28 Amended and Restated Trust Agreement (SDART 2023-3)
Appears in 2 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2023-3), Trust Agreement (Santander Drive Auto Receivables Trust 2023-3)
Restrictions. The Owner Trustee shall not take any action (i) that is inconsistent with the purposes of the Trust set forth in Section 2.3 of this Agreement, or (ii) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, (a) is inconsistent with the purposes of the Issuer set forth in Section 2.3 or (b) would (iA) affect the treatment of the Notes as indebtedness for United States U.S. federal income, state and local income, franchise and value added tax purposes, (iiB) be deemed to cause a taxable exchange of the Notes for United States U.S. federal income or state income or franchise tax purposes purposes, or (iiiC) cause the Issuer Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for United States U.S. federal income, state and local income or franchise and value added tax purposes or (c) be contrary to applicable lawpurposes. None of the Certificateholders, the Administrator, the Servicer nor the Seller The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.6Section.
Appears in 1 contract
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2021-4)