Common use of Waivers and Supplemental Agreements with Consent of Holders Clause in Contracts

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall: (a) without the consent of all Certificateholders reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Certificates pursuant to Section 3.03, (ii) significantly change any permitted activity of the Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding any other provision of this Trust Agreement, clause (b)(ii) of Section

Appears in 5 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

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Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class BalanceCertificates, (ia) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (iib) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, provided that no such waiver or Supplemental Agreement shall: (a) A. without the consent of all Certificateholders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) B. without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Certificates obligations pursuant to Section 3.033.04, or (ii) significantly change any permitted activity of the Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding It shall not be necessary for Holders to approve the particular form of any other provision of this Trust proposed Supplemental Agreement, clause (b)(ii) but it shall be sufficient if such Holders shall approve the substance thereof. Promptly after the execution of any Supplemental Agreement pursuant to this Section, Xxxxxx Mae shall give written notice thereof to Holders of Certificates. Any failure of Xxxxxx Xxx to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Agreement.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing Certificate Balances evidencing Percentage Interests aggregating not less than 66% of the related Class Balance%, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, provided that no such waiver or Supplemental Agreement shall: (a) without the consent of all Certificateholders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Certificates pursuant to Section 3.033.02, or (ii) significantly change any permitted activity of the Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding It shall not be necessary for Holders to approve the particular form of any other provision of this Trust proposed Supplemental Agreement, clause (b)(ii) but it shall be sufficient if such Holders shall approve the substance thereof. Promptly after the execution of any Supplemental Agreement pursuant to this Section, Xxxxxx Mae shall give written notice thereof to Holders of Certificates. Any failure of Xxxxxx Xxx to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Agreement.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class BalanceCertificates, (ia) compliance by Xxxxxx Xxx Mae with any of the terms of this Trust Agreement may be waived or (iib) Xxxxxx MaeXxx, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, provided that no such waiver or Supplemental Agreement shall: (a) A. without the consent of all Certificateholders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) B. without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Certificates obligations pursuant to Section 3.033.04, or (ii) significantly change any permitted activity of the Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding It shall not be necessary for Holders to approve the particular form of any other provision of this Trust proposed Supplemental Agreement, clause (b)(ii) but it shall be sufficient if such Holders shall approve the substance thereof. Promptly after the execution of any Supplemental Agreement pursuant to this Section, Xxxxxx Xxx shall give written notice thereof to Holders of Certificates. Any failure of Xxxxxx Mae to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Agreement.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing having Certificate Balances aggregating not less than 66% of the related Class BalanceBalance of such Class, (ia) compliance by Xxxxxx Xxx Mae with any of the terms of this Trust Agreement may be waived or (iib) Xxxxxx MaeXxx, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates or the Lower Tier Regular Interests issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall: (aA) without the consent of all Certificateholders reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or; (bB) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Lower Tier Regular Interests pursuant to Section 2.04 or its guaranty of the Certificates pursuant to Section 3.033.04, (ii) significantly change any permitted activity of the Base Trust or either REMIC Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding ; or (C) without the consent of all Certificateholders, materially adversely affect the rights of the Holder of a Residual Certificate, including, without limitation, which might have the effect of increasing any other provision taxes payable by the Holder of this Trust Agreement, clause (b)(ii) of Sectionsuch Residual Certificate.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, provided that no such waiver or Supplemental Agreement shall: (a) without the consent of all Certificateholders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Certificates pursuant to Section 3.03, (ii) significantly change any permitted activity of the Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding any other provision of this Trust Agreement, clause (b)(ii) of Section

Appears in 1 contract

Samples: Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx Fannie Mae with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Fannie Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, provided that no such waiver or Supplemental Agreement shall: (a) without the consent of all Certificateholders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Fannie Mae’s guaranty of the Certificates pursuant to Section 3.03, or (ii) significantly change any permitted activity of the Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding any other provision of this Trust Agreement, clause (b)(ii) of Section.

Appears in 1 contract

Samples: Trust Agreement

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Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing having Certificate Balances aggregating not less than 66% of the related Class BalanceBalance of such Class, (ia) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (iib) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates or the Lower Tier Regular Interests issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall: (aA) without the consent of all Certificateholders reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or; (bB) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Lower Tier Regular Interests pursuant to Section 2.04 or its guaranty of the Certificates pursuant to Section 3.033.04, (ii) significantly change any permitted activity of the either REMIC Trust or (iii) reduce the aforesaid percentages of Certificates, Certificates the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding ; or (C) without the consent of all Certificateholders, materially adversely affect the rights of the Holder of a Residual Certificate, including, without limitation, which might have the effect of increasing any other provision taxes payable by the Holder of this Trust Agreement, clause (b)(ii) of Sectionsuch Residual Certificate.

Appears in 1 contract

Samples: Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class of a Series representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement or the related RCR Supplement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or the related RCR Supplement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust AgreementAgreement and any related RCR Supplement; provided, however, that no such waiver or Supplemental Agreement shall: (a) without the consent of all Certificateholders of a Series reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or (b) without the consent of all Certificateholders of a Series (i) terminate or modify Xxxxxx Mae’s guaranty of the Certificates of such Series pursuant to Section 3.034.05, (ii) significantly change any permitted activity of the related Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding any other provision of this Trust Agreement, clause (b)(ii) of Section.

Appears in 1 contract

Samples: Trust Agreement

Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of Certificates of each Class representing having Certificate Balances aggregating not less than 66% of the related Class Balance, Balance of such Class (ia) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (iib) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates Certificates, the Middle Tier Regular Interests or the Lower Tier Regular Interests issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall: (aA) without the consent of all Certificateholders reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Certificate; or; (bB) without the consent of all Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Lower Tier Regular Interests and the Middle Tier Regular Interests pursuant to Section 2.04 or its guaranty of the Trust Fund Certificates pursuant to Section 3.033.07, (ii) significantly change any permitted activity of the any Trust or (iii) reduce the aforesaid percentages of Certificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement. Notwithstanding ; or (C) without the consent of all Certificateholders, materially adversely affect the rights of the Holder of a Residual Certificate, including without limitation, by having the effect of increasing any other provision taxes payable by the Holder of this Trust Agreement, clause (b)(ii) of Sectionsuch Residual Certificate.

Appears in 1 contract

Samples: Trust Agreement

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