Actions by Owner Trustee. SECTION 4.1. Prior Notice to Certificateholders with Respect to Certain Matters......................12 SECTION 4.2. Action by Certificateholders with Respect to Certain Matters............................13 SECTION 4.3. Action by Certificateholders with Respect to Bankruptcy.................................13 SECTION 4.4. Restrictions on Certificateholders' Power...............................................13 SECTION 4.5. Majority Control........................................................................13 ARTICLE V
Actions by Owner Trustee. SECTION 4.1. Prior Notice to Certificateholder 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:
(a) the initiation of any claim or lawsuit on behalf of the Owner Trust (except claims or lawsuits brought to collect on the Series Certificate) and the compromise of any material action, claim or lawsuit brought by or against the Owner Trust or the Owner Trustee (except with respect to the aforementioned claims or lawsuits to collect on the Series Certificate);
(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;
(d) the amendment, change or modification of the Deposit and Administration Agreement, except any amendment where the consent of the Certificateholder is not required under the terms of the Deposit and Administration Agreement; or
(e) the appointment pursuant to the Indenture of a successor Indenture Trustee or the consent to the assignment by the Note Registrar, the Paying Agent, the Indenture Trustee or the Certificate Registrar of its obligations under the Indenture. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Paying Agent, Authenticating Agent or Certificate Registrar within five Business Days thereof.
Actions by Owner Trustee. Prior Notice to Owners with Respect to Certain Matters....................................... 15 Section 4.02. Action by Owners with Respect to Certain Matters............................................. 15 Section 4.03. Action by Owners with Respect to Bankruptcy.................................................. 16 Section 4.04. Restrictions on Owners' Power................................................................ 16 Section 4.05.
Actions by Owner Trustee. Section 4.01. Prior Notice to Certificateholders with Respect to Certain Matters 13 Section 4.02. Action by Certificateholders with Respect to Certain Matters 13 Section 4.03. Action by Certificateholders with Respect to Bankruptcy 13 Section 4.04. Restrictions on Certificateholders’ Power 14 Section 4.05. Majority Control 14 Section 4.06. Certain Litigation Matters 14 Section 5.01. Application of Trust Funds 15 Section 5.02. Method of Payment 15 Section 5.03. No Segregation of Monies; No Interest 16 Section 5.04. Accounting and Reports to Certificateholders, the IRS and Others 16 Section 5.05. Signature on Returns; Tax Matters Partner 16 Section 6.01. General Authority 18 Section 6.02. General Duties 18 Section 6.03. Action Upon Instruction 18 Section 6.04. No Duties Except as Specified in this Agreement or in Instructions 19 Section 6.05. No Action Except Under Specified Documents or Instructions 19 Section 6.06. Restrictions 20 Section 6.07. Notice to Administrator of Repurchase Requests 20 Section 7.01. Acceptance of Duties 21 Section 7.02. Furnishing of Documents 22 Section 7.03. Representations and Warranties 22 Section 7.04. Reliance; Advice of Counsel 23 Section 7.05. Not Acting in Individual Capacity 23 Section 7.06. Owner Trustee Not Liable for Basic Documents or Certificates 23 Section 7.07. Owner Trustee May Own Securities 24
Actions by Owner Trustee. Section 4.01 Prior Notice with Respect to Certain Matters 18 Section 4.02 Action by Servicer with Respect to Certain Matters 20 Section 4.03 Action by Certificateholders with Respect to Bankruptcy 20 Section 4.04 Restrictions on Certificateholders’ Power 20 Section 4.05 Majority Control 20
Actions by Owner Trustee. Section 4.01. Prior Notice to Owners with Respect to Certain Matters 13 Section 4.02. Action by Owners with Respect to Certain Matters 14 Section 4.03. Action by Owners with Respect to Bankruptcy 14 Section 4.04. Restrictions on Owners’ Power 14 Section 4.05. Majority Control 15 Section 5.01. Establishment of Trust Account 15 Section 5.02. Application of Trust Funds 15 Section 5.03. Method of Payment 16 Section 5.04. No Segregation of Monies; No Interest 16 Section 5.05. Accounting and Reports to Owners, Internal Revenue Service and Others 16 Section 6.01. General Authority 17 Section 6.02. General Duties 17 Section 6.03. Action Upon Instruction 17
Actions by Owner Trustee. 17
Section 4.1 Prior Notice to Certificateholders with Respect to Certain Matters 17 Section 4.2 Action by Certificateholders with Respect to Certain Matters 17 Section 4.3 Action by Certificateholders with Respect to Bankruptcy 18 Section 4.4 Restrictions on Certificateholders’ Power 18 Section 4.5 Majority Control 18 ARTICLE V APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 18 Section 5.1 Establishment of Certificate Distribution Account 18 Section 5.2 Application of Trust Funds 19 Section 5.3 Method of Payment 20 Section 5.4 Accounting and Reports to the Certificateholders, the Internal Revenue Service and Others 20 Section 5.5 Signature on Returns; Other Tax Matters 21 ARTICLE VI THE OWNER TRUSTEE 21 Section 6.1 Duties of Owner Trustee 21 Section 6.2 Rights of Owner Trustee 22 Section 6.3 Acceptance of Trusts and Duties 22 Section 6.4 Action upon Instruction by Certificateholders 24 Section 6.5 Furnishing of Documents 24 Section 6.6 Representations and Warranties of Owner Trustee 25 Section 6.7 Reliance; Advice of Counsel 25 Section 6.8 Owner Trustee May Own Certificates and Notes 26 Section 6.9 Compensation and Indemnity 26 Section 6.10 Replacement of Owner Trustee 26 Section 6.11 Merger or Consolidation of Owner Trustee 27 Section 6.12 Appointment of Co-Trustee or Separate Trustee 28 Section 6.13 Eligibility Requirements for Owner Trustee 29 Section 6.14 Compliance with the FDIC Rule 29 Section 6.15 Notice of Events of Default 29 ARTICLE VII TERMINATION OF TRUST AGREEMENT 30 Section 7.1 Termination of Trust Agreement 30 ARTICLE VIII AMENDMENTS 31 Section 8.1 Amendments Without Consent of Certificateholders or Noteholders 31 Section 8.2 Amendments With Consent of Certificateholders and Noteholders 31 Section 8.3 Form of Amendments 32 ARTICLE IX MISCELLANEOUS 33 Section 9.1 No Legal Title to Owner Trust Estate 33 Section 9.2 Limitations on Rights of Others 33 Section 9.3 Derivative Actions 33 Section 9.4 Notices 33 Section 9.5 Severability 33 Section 9.6 Counterparts 33 Section 9.7 Successors and Assigns 34 Section 9.8 No Petition 34 Section 9.9 No Recourse 34 Section 9.10 Headings 35 Section 9.11 Governing Law 35 Section 9.12 Indemnification by and Reimbursement of the Servicer 35 Section 9.13 Effect of Amendment and Restatement 35 Section 9.14 Information to be Provided by the Owner Trustee 35 Section 9.15 Foreign Certificateholder Voting Restriction 37 EXHIBIT A Form of Certificate EXHIBIT B Certificate of Trust EXHIBIT C Form of Undertaking Letter TRUST...
Actions by Owner Trustee. SECTION 4.1. Prior Notice to Certificateholder with Respect to Certain Matters.....................................9
Actions by Owner Trustee. 13 SECTION 4.1 Prior Notice to Owners with Respect to Certain Matters.......................13 SECTION 4.2 Action by Holders with Respect to Certain Matters............................14 SECTION 4.3 Action by Holders with Respect to Bankruptcy.................................14 SECTION 4.4 Restrictions on Holders' Power...............................................14 SECTION 4.5
Actions by Owner Trustee. Section 4.01. Prior Notice to Certificateholders Regarding Certain Matters......
