Common use of Actions by Noteholders Clause in Contracts

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 16 contracts

Sources: Transfer and Servicing Agreement (Signet Jewelers LTD), Transfer and Servicing Agreement (Nordstrom Inc), Transfer and Servicing Agreement (Signet Group PLC)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Issuer, Owner Trustee, the Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 11 contracts

Sources: Servicing Agreement (Bread Financial Holdings, Inc.), Transfer Agreement (Bread Financial Holdings, Inc.), Transfer and Servicing Agreement

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice Notice, demand or instruction given by Noteholders, such action action, Notice, demand or Notice instruction may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, demand, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Indenture Trustee, any Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 9 contracts

Sources: Servicing Agreement, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice Notice, demand or instruction given by Noteholders, such action action, Notice, demand or Notice instruction may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, demand, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Indenture Trustee or any Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 7 contracts

Sources: Third Amended and Restated Transfer Agreement, Transfer Agreement (American Express Receivables Financing Corp VIII LLC), Transfer Agreement (American Express Receivables Financing Corp VIII LLC)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice Notice, demand or instruction given by Noteholders, such action action, Notice or Notice instruction may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, demand, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 7 contracts

Sources: Transfer and Servicing Agreement (Jpmorgan Chase Bank, National Association), Transfer and Servicing Agreement, Transfer and Servicing Agreement (Chase Card Funding LLC)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice Notice, demand or instruction given by Noteholders, such action action, Notice or Notice instruction may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, demand, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the any Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 6 contracts

Sources: Transfer and Servicing Agreement (First Usa Credit Card Master Trust), Transfer and Servicing Agreement (First Usa Credit Card Master Trust), Transfer and Servicing Agreement (Bank One Delaware National Association)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Seller or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 6 contracts

Sources: Transfer and Servicing Agreement (First Consumers Master Trust), Transfer and Servicing Agreement (Spiegel Master Trust), Transfer and Servicing Agreement (First Consumers Master Trust)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice notice, demand or instruction given by the Noteholders, such action action, notice or Notice instruction may be taken or given by any Noteholder, as applicable, unless such provision requires a specific percentage of the Noteholders. (b) Any Noticerequest, requestdemand, authorization, direction, notice, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Indenture Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 4 contracts

Sources: Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice notice, demand or instruction given by the Noteholders, such action action, notice or Notice instruction may be taken or given by any Noteholder, as applicable, unless such provision requires a specific percentage of the Noteholders. (b) Any Noticerequest, requestdemand, authorization, direction, notice, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Depositor, Owner Trustee, the Transferor Indenture Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 2 contracts

Sources: Contribution Agreement (First Investors Financial Services Group Inc), Contribution Agreement (First Investors Financial Services Group Inc)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice Notice, demand or instruction given by Noteholders, such action action, Notice, demand or Notice instruction may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, demand, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Indenture Trustee, the Transferor, the Administrator or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 2 contracts

Sources: Servicing Agreement (Dryrock Issuance Trust), Servicing Agreement (Dryrock Issuance Trust)

Actions by Noteholders. (a) Wherever in this Agreement Indenture a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 2 contracts

Sources: Master Trust Indenture and Security Agreement (Sirrom Capital Corp), Master Trust Indenture and Security Agreement (Ag Services of America Inc)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice notice, demand or instruction given by Noteholders, such action action, notice, demand or Notice instruction may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Noticenotice, request, demand, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Indenture Trustee or the Servicer Transferor in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 2 contracts

Sources: Transfer Agreement (Dryrock Issuance Trust), Transfer Agreement (Dryrock Issuance Trust)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice notice, demand or instruction given by Noteholders, such action action, notice or Notice instruction may be taken or given by any NoteholderNoteholder of any Series, unless such provision requires a specific percentage of NoteholdersNoteholders of a certain Series or all Series. (b) Any Noticerequest, requestdemand, authorization, direction, notice, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Indenture Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 2 contracts

Sources: Transfer and Servicing Agreement (Fnanb Credit Card Master Trust), Transfer and Servicing Agreement (Dc Funding International Inc)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice notice, demand, or instruction given by Noteholders, such action action, notice, or Notice instruction may be taken or given by any Noteholder, Noteholder unless such provision requires a specific percentage of Noteholders. (b) Any Noticerequest, requestdemand, authorization, direction, notice, consent, waiver waiver, or other act by the Holder of a Note shall Noteholder will bind such Holder Noteholder and every subsequent Holder holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Indenture Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2005-C)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (Household Credit Card Master Note Trust I)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (World Financial Network Credit Card Master Trust)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Transferors or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (Conseco Finance Credit Funding Corp)

Actions by Noteholders. (a1) Wherever in this Agreement a provision is made that an action may be taken or a Notice notice, demand or instruction given by the Noteholders, such action action, notice or Notice instruction may be taken or given by any Noteholder, as applicable, unless such provision requires a specific percentage of the Noteholders. (b2) Any Noticerequest, requestdemand, authorization, direction, notice, consent, waiver or other act by the Holder of a Note Noteholder shall bind such Holder Noteholder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Indenture Trustee or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Sale and Allocation Agreement (First Investors Financial Services Group Inc)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner TrusteeTrust, the Transferor Transferors or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (Conseco Finance Credit Card Funding Corp)

Actions by Noteholders. (a) Wherever in this Agreement a provision is made that an action may be taken or a Notice given by Noteholders, such action or Notice may be taken or given by any Noteholder, unless such provision requires a specific percentage of Noteholders. (b) Any Notice, request, authorization, direction, consent, waiver or other act by the Holder of a Note shall bind such Holder and every subsequent Holder of such Note and of any Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or omitted to be done by the Owner Trustee, the Transferor Transferor, the O/C Holder or the Servicer in reliance thereon, whether or not notation of such action is made upon such Note.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (Compucredit Corp)