Common use of Voting Rights and Other Actions Clause in Contracts

Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder in writing of the proposed action and the Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute or unless such amendment would not materially and adversely affect the interests of the Holder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Certificateholder. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 2 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F), Trust Agreement (Americredit Automobile Receivables Trust 2004-B-M)

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Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder Certificateholder with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholder and the Note Insurer in writing of the proposed action and the Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the HolderCertificateholder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b) 13.1 of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Certificateholder. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Long Beach Acceptance Corp)

Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall will not take action unless at least 30 days before the taking of such action, the Owner Trustee shall will have notified the Certificateholder in writing of the proposed action and the Certificateholder shall will not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute or unless such amendment would not materially and adversely affect the interests of the Holder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Certificateholder. The Owner Trustee shall will notify the Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent Indenture Trustee within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Triad Automobile Receivables Trust 2004-A)

Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 10 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder in writing of the proposed action and the Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th 10th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests interest of the Holder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b13.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests interest of the Certificateholder. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Note Registrar or Registrar, Trust Collateral Agent or Certificate Registrar within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (National Auto Finance Co Inc)

Voting Rights and Other Actions. SECTION 4.1. 4.1 Prior Notice to Holder Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder Certificateholders in writing of the proposed action and the Certificateholder Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has such Certificateholders have withheld consent or provided alternative direction: (a) the election by the Trust A to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the HolderHolders); (b) the amendment of the Trust A Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Trust A Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the CertificateholderCertificateholders; or (d) except pursuant to Section 12.1(b) 7.14 of the Trust A Sale and Servicing Agreement, the amendment, change or modification of the Trust A Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the CertificateholderCertificateholders. The Owner Trustee shall notify the Certificateholder Certificateholders in writing of any appointment of a successor Note Registrar, or Certificate Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 1 contract

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

Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder with Respect to Certain ---------------------------------------------- Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder in writing of the proposed action and the Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the Holder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Certificateholder. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Americredit Financial Services Inc)

Voting Rights and Other Actions. SECTION 4.1. 4.1 Prior Notice to Holder Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder Certificateholders in writing of the proposed action and the Certificateholder Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has such Certificateholders have withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the HolderHolders); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the CertificateholderCertificateholders; or (d) except pursuant to Section 12.1(b) 7.14 of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the CertificateholderCertificateholders. The Owner Trustee shall notify the Certificateholder Certificateholders in writing of any appointment of a successor Note Registrar, or Certificate Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Advanta Conduit Receivables Inc)

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Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder Holders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 10 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder Certificateholders in writing of the proposed action and the Certificateholder Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th 10th day after such notice is given that the Certificateholder has such Certificateholders have withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the HolderHolders); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the CertificateholderCertificateholders; or (d) except pursuant to Section 12.1(b13.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the CertificateholderCertificateholders. The Owner Trustee shall notify the Certificateholder Certificateholders in writing of any appointment of a successor Note Registrar or Registrar, Trust Collateral Agent or Certificate Registrar within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (National Auto Finance Co Inc)

Voting Rights and Other Actions. SECTION 4.11. Prior Notice to Holder Holders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder Certificateholders in writing of the proposed action and the Certificateholder Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has such Certificateholders have withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the HolderHolders); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the CertificateholderCertificateholders; or (d) except pursuant to Section 12.1(b13.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the CertificateholderCertificateholders. The Owner Trustee shall notify the Certificateholder Certificateholders in writing of any appointment of a successor Note Registrar or Registrar, Trust Collateral Agent or Certificate Registrar within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Americredit Financial Services Inc)

Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder with Respect to Certain MattersPRIOR NOTICE TO HOLDER WITH RESPECT TO CERTAIN MATTERS. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder in writing of the proposed action and the Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Business Trust Statute or unless such amendment would not materially and adversely affect the interests of the Holder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Certificateholder. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Americredit Financial Services Inc)

Voting Rights and Other Actions. SECTION 4.1. Prior Notice to Holder Certificateholders with Respect to Certain Matters. With respect to the following matters, the Owner Trustee shall not take action unless at least 30 thirty (30) days before the taking of such action, the Owner Trustee shall have notified the Certificateholder Certificateholders and the Note Insurer in writing of the proposed action and the Certificateholder Certificateholders shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the any Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute Act or unless such amendment would not materially and adversely affect the interests of the HolderCertificateholder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the any Certificateholder; or (d) except pursuant to Section 12.1(b) 13.1 of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the any Certificateholder. The Owner Trustee shall notify the each Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

Appears in 1 contract

Samples: Trust Agreement (Long Beach Acceptance Corp)

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