Action by Owner with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolvent.
Appears in 27 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Motorcycle Trust 2004 1), Trust Agreement (Harley Davidson Customer Funding Corp)
Action by Owner with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of the Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolventno longer Solvent.
Appears in 22 contracts
Samples: Trust Agreement (Cit Funding Co, LLC), Trust Agreement (Asset Backed Securities Corp), Trust Agreement (Cit Equipment Collateral 2001-1)
Action by Owner with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of the Owner and the delivery to the Owner Trustee by such the Owner of a certificate certifying that such the Owner reasonably believes that the Trust is insolvent.
Appears in 6 contracts
Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)
Action by Owner with Respect to Bankruptcy. The Subject to Section 2.12(b), the Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of the Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolvent.
Appears in 4 contracts
Samples: Trust Agreement (Orix Credit Alliance Receivables Trust 1999-A), Trust Agreement (Orix Credit Alliance Receivables Trust 2000 B), Trust Agreement (Orix Credit Alliance Receivables Trust 2000-A)
Action by Owner with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of the Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolvent.
Appears in 3 contracts
Samples: Trust Agreement (Newcourt Receivables Corp Ii), Trust Agreement (Newcourt Receivables Corp Ii), Authority And (Heller Funding Corp)
Action by Owner with Respect to Bankruptcy. The Subject to Sections 2.12(b) and (f), the Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of the Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolvent.
Appears in 1 contract
Action by Owner with Respect to Bankruptcy. The Subject to Section 12.09 hereof, the Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of Owner the Controlling Certificateholders and the delivery to the Owner Trustee by such Owner the Controlling Certificateholders of a certificate certifying that such Owner the Controlling Certificateholders reasonably believes that the Trust is insolvent.
Appears in 1 contract
Samples: Trust Agreement (Caterpillar Financial Funding Corp)
Action by Owner with Respect to Bankruptcy. The Owner Trustee shall not have the power power, except at the written direction of the Owner, to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolventTrust.
Appears in 1 contract
Action by Owner with Respect to Bankruptcy. The Subject to subsection 2.12(b), the Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of Owner the Owners and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolvent.
Appears in 1 contract
