Common use of Rights of Note Insurer Clause in Contracts

Rights of Note Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Note Insurer (or if a Note Insurer Default shall have occurred and is continuing, the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by Trust B or compromise any claim, suit or proceeding brought by or against Trust B, other than with respect to the enforcement of any Mortgage Loan or any rights of Trust B thereunder, (iii) authorize the merger or consolidation of Trust B with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Trust B Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)

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Rights of Note Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Note Insurer (or if a Note Insurer Default shall have occurred and is continuing, the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust B or compromise any claim, suit or proceeding brought by or against Trust BThe Trust, other than with respect to the enforcement of any Mortgage Loan or any rights of the Trust B thereunder, (iii) authorize the merger or consolidation of the Trust B with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Trust B Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Conduit Receivables Inc)

Rights of Note Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Note Insurer (or if a Note Insurer Default shall have occurred and is continuing, the Security MajorityMajority Certificateholders) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by Holding Trust B or compromise any claim, suit or proceeding brought by or against Trust BHolding Trust, other than with respect to the enforcement of any Mortgage Loan or any rights of Holding Trust B thereunder, (iiiii) authorize the merger or consolidation of Holding Trust B with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Trust B Indenture)entity, (iviii) amend the Certificate of Trust or (viv) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)

Rights of Note Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Note Insurer (or if a Note Insurer Default shall have occurred and is continuing, the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by Trust B C or compromise any claim, suit or proceeding brought by or against Trust BC, other than with respect to the enforcement of any Mortgage Loan or any rights of Trust B C thereunder, (iii) authorize the merger or consolidation of Trust B C with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Trust B C Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)

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Rights of Note Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Note Insurer (or if a Note Insurer Default shall have occurred and is continuing, the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by Trust B A or compromise any claim, suit or proceeding brought by or against Trust BA, other than with respect to the enforcement of any Mortgage Loan or any rights of Trust B A thereunder, (iii) authorize the merger or consolidation of Trust B A with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Trust B A Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)

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