Common use of Action by Certificateholders with Respect to Bankruptcy Clause in Contracts

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.

Appears in 111 contracts

Samples: Trust Agreement (CarMax Auto Owner Trust 2024-2), Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)

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Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certification certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 91 contracts

Samples: Trust Agreement (Hyundai Auto Receivables Trust 2014-B), Trust Agreement (Hyundai Auto Receivables Trust 2012-B), Trust Agreement (Hyundai Auto Receivables Trust 2014-A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves with the consent of such commencement in writing in advance the Credit Enhancer and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 79 contracts

Samples: Trust Agreement (Home Equity Loan Trust 2006-Hsa3), Trust Agreement (Long Beach Securities Corp), Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the consent of such commencement in writing in advance the Noteholders and delivers the Owner Trustee and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.

Appears in 62 contracts

Samples: Trust Agreement (Cwabs Trust 2005-Hyb9), Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5), Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless Issuer without the unanimous prior approval of all Certificateholders (iincluding the Depositor, if the Depositor is a Certificateholder) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 61 contracts

Samples: Trust Agreement (Honda Auto Receivables 2021-3 Owner Trust), Trust Agreement (American Honda Receivables LLC), Trust Agreement (American Honda Receivables LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder (other than the Depositor) approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 53 contracts

Samples: Trust Agreement (Usaa Federal Savings Bank Usaa Auto Owner Trust 2001-1), Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy Proceeding under any Insolvency Law relating to the Trust Issuer unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 40 contracts

Samples: Trust Agreement (Daimler Trucks Retail Trust 2024-1), Trust Agreement (Daimler Trucks Retail Trust 2024-1), Trust Agreement (Mercedes-Benz Auto Receivables Trust 2024-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 37 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Textron Financial Corp), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the consent of such commencement in writing in advance the Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 29 contracts

Samples: Trust Agreement (SG Mortgage Securities, LLC), Trust Agreement (BellaVista Finance CORP), Trust Agreement (GMACM Home Equity Loan Trust 2006-He5)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves the consent of such commencement in writing in advance the Bondholders and delivers the Owner Trustee and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year following termination of this Trust Agreement.

Appears in 27 contracts

Samples: Trust Agreement (IMPAC CMB Trust Series 2005-5), Trust Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-4), Trust Agreement (IMPAC CMB Trust Series 2005-5)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 27 contracts

Samples: Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Mmca Auto Owner Trust 2001 2), Trust Agreement (Mmca Auto Owner Trust 2001-3)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer without the unanimous prior approval of all Certificateholders unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.

Appears in 24 contracts

Samples: Trust Agreement (Chase Auto Owner Trust 2006-A), Trust Agreement (JPMorgan Chase Bank, National Association), Trust Agreement (Chase Auto Owner Trust 2005-A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 22 contracts

Samples: Trust Agreement (GE Capital Credit Card Master Note Trust), Trust Agreement (CNH Capital Receivables Inc), Trust Agreement (CNH Capital Receivables Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to Issuer until the Trust unless (i) Outstanding Amount of all the Notes have has been paid in full reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 15 contracts

Samples: Bas Securitization LLC, Trust Agreement (Key Consumer Acceptance Corp), Trust Agreement (Key Consumer Acceptance Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.

Appears in 11 contracts

Samples: Trust Agreement (Wachovia Auto Owner Trust 2008-A), Trust Agreement (WDS Receivables LLC), Trust Agreement (Wachovia Auto Loan Owner Trust 2007-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.

Appears in 11 contracts

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

Action by Certificateholders with Respect to Bankruptcy. The To the fullest extent permitted by law, the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certification certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 10 contracts

Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Eligible Lender Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Certificateholders (iother than the Depositor) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Eligible Lender Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 9 contracts

Samples: Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp), Trust Agreement (SLM Funding Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the consent of such commencement in writing in advance the Credit Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 9 contracts

Samples: Trust Agreement (GMACM Home Loan Trust 2006-Hltv1), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc)

Action by Certificateholders with Respect to Bankruptcy. The Neither the Trust nor the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust without the unanimous prior approval of all Holders of Certificates (including the unanimous approval of the board of directors of the Seller) unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.

Appears in 8 contracts

Samples: Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Retail Rec Corp Navistar Fin 04 a Own Tr), Trust Agreement (Navistar Financial Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the prior written consent of such commencement in writing in advance the Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 8 contracts

Samples: Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolventexcept as specifically set forth Section 10.15 hereof.

Appears in 8 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-3)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 7 contracts

Samples: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Certificateholders and with the consent of the Credit Enhancer (iso long as no Credit Enhancer Default has occurred and is continuing) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 6 contracts

Samples: Trust Agreement (Home Loan Trust 2007-Hi1), Trust Agreement (Home Loan Trust 2006-Hi2), Trust Agreement (Home Loan Trust 2006-Hi3)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full and (ii) prior written consent of each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.

Appears in 5 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Auto Trust 2007-1), Trust Agreement (Franklin Auto Trust 2005-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Eligible Lender Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Eligible Lender Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 5 contracts

Samples: Trust Agreement (Crestar Bank /Va), Trust Agreement (Crestar Bank /Va), Trust Agreement (PNC Bank National Association/)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless (ian Insurer Default shall have occurred and be continuing) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (Franklin Receivables Auto Trust 2003-1), Trust Agreement (Franklin Auto Trust 2004-1), Trust Agreement (Franklin Auto Trust 2003-2)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) the Insurer, if no Insurer Default shall have occurred and be continuing, or, if an Insurer Default shall have occurred and be continuing, each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (Carmax Auto Funding LLC)

Action by Certificateholders with Respect to Bankruptcy. The Neither the Trust nor the Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (i) including the Notes have been paid in full and (ii) each Certificateholder approves unanimous approval of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that board of directors of the Trust is insolventSeller).

Appears in 4 contracts

Samples: Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless (ian Insurer Default shall have occurred and be continuing) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.

Appears in 4 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 3 contracts

Samples: Trust Agreement (GMACM Home Equity Loan Trust 2007-He3), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) until the Outstanding Amount of all the Notes have has been paid in full reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 3 contracts

Samples: Trust Agreement (M&i Dealer Auto Securitization LLC), Trust Agreement (Bond Securitization LLC), Trust Agreement (M&i Auto Loan Trust 2002-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by Certificateholders evidencing Percentage Interests aggregating more than 50% of a certificate certifying that such Person Certificateholders reasonably believes believe that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2007-A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by Certificateholders evidencing more than 50% of the Certificate Balance of a certificate certifying that such Person Certificateholders reasonably believes believe that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2008-A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee a certificate by each such Certificateholder certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Residential Asset Funding Corp), Trust Agreement (Home Equity Securitization Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) until the Outstanding Amount of all the Notes have has been paid in full reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the Note Insurer and the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Receivables Trust 2001-B)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (Household Consumer Loan Trust 1997-2)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the AO Interest) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Cit Rv Trust 1998-A), Trust Agreement (Cit Rv Trust 1999-A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the GP Interest) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Cit Group Securitization Corp Ii), Trust Agreement (Cit Group Securitization Corp Ii)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to Trust without the Trust unless (i) unanimous prior approval of all Certificateholders and the Notes have been paid in full and (ii) delivery to Trustee by each such Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 2 contracts

Samples: Trust Agreement (Provident Lease Receivables Corp), Trust Agreement (Provident Lease Receivables Corp)

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Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. SECTION 4.4.

Appears in 1 contract

Samples: Trust Agreement (Mmca Auto Receivables Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by the Certificateholders of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Efg Funding Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying written certification that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (American Honda Receivables Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer unless (i) the Notes have been paid in full and (ii) so long as no Insurer Default shall have occurred and be continuing, the Insurer, or, if an Insurer Default shall have occurred and be continuing, each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Pooled Auto Securities Shelf LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of the Controlling Party and (ii) each Certificateholder approves the unanimous approval of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that Independent Manager of the Trust is insolventSeller.

Appears in 1 contract

Samples: Trust Agreement (Alliance Laundry Holdings LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust is insolvent.in

Appears in 1 contract

Samples: Authority And (Ford Credit Auto Receivables Two L P)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior written consent of the Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by the Certificateholders of a certificate certifying that such Person the Certificateholders reasonably believes believe that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Arcadia Receivables Finance Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the AO Interest) and the Notes Insurer (so long as no Insurer Default shall have been paid in full occurred and (iibe continuing) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Cit Marine Trust 1999-A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificate-holder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. [Compare Section 10.11 of the Transfer and Servicing Agreement.]

Appears in 1 contract

Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves with the prior written consent of such commencement in writing in advance the Credit Enhancer and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder (other than the Depositor) approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent. SECTION 4.4.

Appears in 1 contract

Samples: Trust Agreement (USAA Auto Owner Trust 2006-4)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.. SECTION 4.4

Appears in 1 contract

Samples: Mmca Auto Receivables Inc

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence com- mence a voluntary proceeding in bankruptcy relating to the Trust unless (i) Issuer without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificate- holder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Dealer Auto Receivables Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) the Insurer, if an Insurer Default shall not have occurred and be continuing, and each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Carmax Auto Receivables LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Holders of Certificates and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Cit Group Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to Issuer until the Trust unless (i) Outstanding Amount of all the Notes have has been paid in full TRUST AGREEMENT reduced to zero and (ii) each Certificateholder approves without the unanimous prior approval of such commencement in writing in advance all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Bond Securitization LLC)

Action by Certificateholders with Respect to Bankruptcy. The ------------------------------------------------------- Owner Trustee shall not have the power to to, and shall not, commence a voluntary proceeding in bankruptcy relating to the Trust without the prior written consent of the Security Insurer (unless (ian Insurer Default shall have occurred and be continuing) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each Certificateholder of a certificate certifying that such Person it reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Franklin Receivables LLC)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless without the unanimous prior approval of all Holders of Certificates (iincluding the holder of the AO Interest) and the Notes have been paid in full and (ii) each Certificateholder approves of such commencement in writing in advance and delivers delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolventinsolvent .

Appears in 1 contract

Samples: Trust Agreement (Cit Rv Trust 1997 A)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Class [__] Certificateholders and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Banc One Abs Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy bank ruptcy relating to the Trust unless (i) the Notes have been paid in full and (ii) each Certificateholder (other than the Depositor) approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)

Action by Certificateholders with Respect to Bankruptcy. The ------------------------------------------------------- Owner Trustee shall not have the power to commence a voluntary proceeding Proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full unanimous prior approval of all Certificateholders, and (ii) each Certificateholder approves with the prior written consent of such commencement in writing in advance the Enhancer, and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Wachovia Asset Securitization Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full prior approval of Certificateholders evidencing more than 50% of the Certificate Balance and (ii) each Certificateholder approves of such commencement in writing in advance and delivers the delivery to the Owner Trustee by such Certificateholders of a certificate certifying that such Person Certificateholders reasonably believes believe that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Caterpillar Financial Funding Corp)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust unless (i) without the Notes have been paid in full consent and (ii) each Certificateholder approves approval of such commencement in writing in advance the Note Insurer, the unanimous prior approval of all Certificateholders and delivers the delivery to the Owner Trustee by each such Certificateholder of a certificate certifying that such Person Certificateholder reasonably believes that the Trust is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Imc Securities Inc)

Action by Certificateholders with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in bankruptcy relating to the Trust Issuer at the direction of Certificateholders unless (i) the Notes have been paid in full and (ii) so long as no Insurer Default shall have occurred and be continuing, the Insurer, or, if an Insurer Default shall have occurred and be continuing, each Certificateholder approves of such commencement in writing in advance and delivers to the Owner Trustee a certificate certifying that such Person reasonably believes that the Trust Issuer is insolvent.

Appears in 1 contract

Samples: Trust Agreement (Pooled Auto Securities Shelf LLC)

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