Common use of Actions of Certificateholders Clause in Contracts

Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee, in the case of the Adjustable Rate Group Certificates, also to the Financial Guaranty Insurer, and, when required, to the Seller or the Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Financial guaranty Insurer, the Seller and the Servicer, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Aames Capital Acceptance Corp), Pooling and Servicing Agreement (Aames Capital Corp)

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Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee, in the case of the Adjustable Fixed Rate Group Certificates, also to the Financial Guaranty Insurer, and, when required, to the Seller Transferor or the Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Financial guaranty Guaranty Insurer, the Seller Transferor and the Servicer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)

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Actions of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing; and except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee, in the case of the Adjustable Fixed Rate Group Certificates, also to the Financial Guaranty Insurer, and, when required, to the Seller or the Servicer. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee, the Financial guaranty Guaranty Insurer, the Seller and the Servicer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Corp)

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