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 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, income and state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

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 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 federal income, state and local Federal income and or Delaware or California income or franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal Federal income or state Delaware or California income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated taxable as an association or publicly traded partnership taxable as a corporation for federal income, state and local Federal income or Delaware or California income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

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 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 federal income, state and local Federal income and or Delaware or California income or franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal Federal income or state Delaware or California income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated taxable as an association or publicly traded partnership taxable as a corporation for federal income, state and local Federal income or Delaware or California income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Residual Interestholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Neither the Residual Interestholder nor the Note Insurer shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action that (ai) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 or (bii) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (ia) affect the treatment of the Notes as indebtedness for federal income, state and local income and or State income or franchise tax purposes, (iib) be deemed to cause a taxable exchange of the Notes for federal income or state State income or franchise tax purposes or (iiic) cause the Trust Issuer or any portion thereof to be treated taxable as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or State income or franchise tax purposes. The Certificateholders Certificateholders, the Administrator and the Master Servicer shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 and franchise tax purposes, (i) affect the treatment of the Notes as indebtedness, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust 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. The Certificateholders No Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

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 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders None of the Certificateholder, Transferor or Administrator shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

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 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (i) adversely affect the treatment of the Class A Notes as indebtedness for federal income, state and local income and or income or franchise tax purposespurposes of any Applicable Tax State, (ii) be deemed to cause a taxable exchange of the Class A Notes for federal income or state income or franchise tax purposes of any Applicable Tax State or (iii) cause the Trust or any portion thereof to be treated taxable as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or income or franchise tax purposespurposes of Applicable Tax State. The Certificateholders Depositor shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Residual Interestholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

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 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, income and state and local income income, franchise and franchise value added tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06.Section. 11 Amended & Restated 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 2.03 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 U.S. federal income, state and local income and or Applicable Tax State income or franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for U.S. federal income or state Applicable Tax State income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated taxable as an association (or publicly traded partnership partnership) taxable as a corporation for federal income, state and local income or Applicable Tax State income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

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 2.3 or (b) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would would (i) affect the treatment of the Notes as indebtedness for federal income, state and local income and or Applicable Tax State income or franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state Applicable Tax State income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated taxable as an association (or publicly traded partnership partnership) taxable as a corporation for federal income, state and local income or Applicable Tax State income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust Issuer or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

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 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06.6.6. 1300581 05134611 19 2005-1 Trust Agreement

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 2.3 or (b) that, to the actual 17 Amended and Restated 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 and franchise tax purposes, (i) affect the treatment of the Notes as indebtedness, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust 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. The Certificateholders No Certificateholder shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

Restrictions. The Owner Trustee shall not take any action that (ai) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 or (bii) that, to the actual knowledge of a Responsible Officer of the Owner Trustee, would (ia) affect the treatment of the Notes as indebtedness for federal income, state and local income and or State income or franchise tax purposes, (iib) be deemed to cause a taxable exchange of the Notes for federal income or state State income or franchise tax purposes or (iiic) cause the Trust Issuer or any portion thereof to be treated taxable as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or State income or franchise tax purposes. The Certificateholders Certificateholders, the Administrator and the Master Servicer shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06.Section. ARTICLE SEVEN

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 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders Residual Interestholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

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 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 U.S. federal income, state and local income and or Applicable Tax State income or franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for U.S. federal income or state Applicable Tax State income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated taxable as an association (or publicly traded partnership partnership) taxable as a corporation for federal income, state and local income or Applicable Tax State income or franchise tax purposes. The Certificateholders Administrator shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.065.7.

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 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 federal income, state and local income and or Applicable Tax State income or franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state Applicable Tax State income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association (or publicly traded partnership partnership) taxable as a corporation for federal income, state and local income or Applicable Tax State income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.066.6.

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 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 federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

Restrictions. The Owner Trustee shall not take any action (a) that is inconsistent with the purposes of the Trust Issuer set forth in Section 2.03 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 and franchise tax purposes, (i) affect the treatment of the Notes as indebtedness, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust 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. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06Section.

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, would (i) affect the treatment of the Notes as indebtedness for federal income, state and local income and franchise tax purposes, (ii) be deemed to cause a taxable exchange of the Notes for federal income or state income or franchise tax purposes or (iii) cause the Trust or any portion thereof to be treated as an association or publicly traded partnership taxable as a corporation for federal income, state and local income or franchise tax purposes. The Certificateholders shall not direct the Owner Trustee to take action that would violate the provisions of this Section 6.06.