Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of Trust.
Appears in 19 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute).
Appears in 18 contracts
Samples: Trust Agreement (UPFC Auto Receivables Trust 2006-A), Trust Agreement (UPFC Auto Receivables Corp.), Trust Agreement (UPFC Auto Receivables Trust 2007-B)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Related Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Administrator, the Servicer or the Backup Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of Trust.
Appears in 13 contracts
Samples: Trust Agreement (Olympic Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have has occurred and be is continuing), the Owner Trustee shall will not (ia) remove the Servicer, (iib) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iiic) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (ivd) amend the Certificate of TrustTrust (other than as may be required by the Statutory Trust Statute).
Appears in 7 contracts
Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)
Rights of Security Insurer. Notwithstanding anything to -------------------------- the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of Trust.
Appears in 6 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of Trust.
Appears in 5 contracts
Samples: Trust Agreement (Americredit Automobile Receivables Trust 2003-C-F), Trust Agreement (Americredit Automobile Receivables Trust 2003-B-X), Trust Agreement (Americredit Automobile Receivables Trust 2003-a-M)
Rights of Security Insurer. Notwithstanding anything -------------------------- to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of Trust.
Appears in 3 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iiiii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iviii) amend the Certificate of Trust.
Appears in 2 contracts
Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have has occurred and be is continuing), the Owner Trustee shall will not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of TrustTrust (other than as may be required by the Statutory Trust Statute).
Appears in 2 contracts
Samples: Trust Agreement (Triad Automobile Receivables Trust 2004-A), Trust Agreement (Triad Automobile Receivables Trust 2003-B)
Rights of Security Insurer. [Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute).]
Appears in 1 contract
Samples: Trust Agreement (AFS Funding Trust)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have has occurred and be is continuing), the Owner Trustee shall will not (ia) remove the Servicer, (iib) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iiic) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (ivd) amend the Certificate of TrustTrust (other than as may be required by the Statutory Trust Statute).]
Appears in 1 contract
Samples: Trust Agreement (Triad Financial Special Purpose LLC)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of TrustTrust (other than any amendment required by the Business Trust Statute or as would not materially adversely affect the interests of the Security Insurer).
Appears in 1 contract
Samples: Trust Agreement (MFN Financial Corp)
Rights of Security Insurer. Notwithstanding anything to the -------------------------- contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of Trust.
Appears in 1 contract
Samples: Trust Agreement (Americredit Financial Services Inc)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have has occurred and be is continuing), the Owner Trustee shall will not (ia) remove the Servicer, (iib) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iiic) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (ivd) amend the Certificate of TrustTrust (other than as may be required by the Statutory Trust Statute)].
Appears in 1 contract
Samples: Trust Agreement (Triad Financial Special Purpose LLC)
Rights of Security Insurer. (a) . Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have occurred and be continuing), the Owner Trustee shall not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business statutory trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of TrustTrust (unless such amendment is required to be filed under the Statutory Trust Statute).
Appears in 1 contract
Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F)
Rights of Security Insurer. Notwithstanding anything to the contrary in the Basic Documents, without the prior written consent of the Security Insurer (so long as no Insurer Default shall have has occurred and be is continuing), the Owner Trustee shall will not (i) remove the Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture) or (iv) amend the Certificate of TrustTrust (other than as may be required by the Business Trust Statute).
Appears in 1 contract
Samples: Trust Agreement (Triad Automobile Receivables Trust 2002 A)