Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than 66% of the Class Balance of each Class (a) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (b) 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 Classes issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall: (A) without the consent of all Holders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Class; or (B) without the consent of all related Holders (i) terminate or modify Xxxxxx Mae’s guaranty of the Classes pursuant to Section 2.03, or (ii) reduce the aforesaid percentages of Classes, the Holders of which are required to consent to any waiver or any Supplemental Agreement; or It shall not be necessary for Holders to approve the particular form of any proposed Supplemental Agreement, 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 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 evidencing Percentage Interests aggregating not less than 66% of the Class Balance of each Class %, (ai) compliance by Xxxxxx Xxx Mae with any of the terms of this Trust Agreement may be waived or (bii) 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 Classes Certificates issued under this Trust Agreement; provided, however, provided that no such waiver or Supplemental Agreement shall:
(Aa) without the consent of all Holders Certificateholders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any ClassCertificate; or
(Bb) without the consent of all related Holders Certificateholders (i) terminate or modify Xxxxxx Mae’s guaranty of the Classes Certificates pursuant to Section 2.033.02, or (ii) reduce the aforesaid percentages of ClassesCertificates, the Holders of which are required to consent to any waiver or any Supplemental Agreement; or . It shall not be necessary for Holders to approve the particular form of any proposed Supplemental Agreement, 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 Xxx shall give written notice thereof to Holders of Certificates. Any failure of Xxxxxx Xxx 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 1 contract
Samples: Trust Agreement
Waivers and Supplemental Agreements with Consent of Holders. With the consent of the Holders of not less than 66% of the Class Balance of each Class (a) compliance by Xxxxxx Xxx Mae with any of the terms of this Trust Agreement may be waived or (b) 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 Classes issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall:
(A) without the consent of all Holders affected thereby reduce in any manner the amount of, or delay the timing of, distributions which are required to be made on any Class; or
(B) without the consent of all related Holders (i) terminate or modify Xxxxxx Mae’s guaranty of the Classes pursuant to Section 2.03, or (ii) reduce the aforesaid percentages of Classes, the Holders of which are required to consent to any waiver or any Supplemental Agreement; or It shall not be necessary for Holders to approve the particular form of any proposed Supplemental Agreement, 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 Xxx shall give written notice thereof to Holders of Certificates. Any failure of Xxxxxx Xxx 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 1 contract
Samples: Trust Agreement