Common use of Acts of Certificateholders Clause in Contracts

Acts of Certificateholders. Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree to take such action or give such consent or approval.

Appears in 36 contracts

Samples: Pooling and Servicing Agreement (HomeBanc 2007-1), Pooling and Servicing Agreement (Homebanc Corp), Pooling and Servicing Agreement (TBALT Corp.)

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Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree or the Certificate Insurer agrees to take such action or give such consent or approval.

Appears in 21 contracts

Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Nations Banc Asset Sec Ins Asset Backed Cert Series 1997-1)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree Controlling Party agrees to take such action or give such consent or approval.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Abfs Mort Ln Tr 2002-3), Pooling and Servicing Agreement (Abfs Mort Loan Trust 2002-4 Mort Pass Thru Cert Ser 2002-4), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder actionapproval, consent authorization, direction, notice, consent, waiver or approval other action is required under this Agreementhereunder, such actionapproval, consent authorization, direction, notice, consent, waiver or approval other action shall be deemed to have been given or taken or given on behalf of, and shall be binding upon, all Certificateholders if agreed to by Certificateholders with aggregate Fractional Interests representing 51% or more of the Majority Certificateholders agree to take such action or give such consent or approvalTrust.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Eaglemark Inc), Pooling and Servicing Agreement (Eaglemark Inc), Pooling and Servicing Agreement (Harley Davidson Customer Funding Corp)

Acts of Certificateholders. a. Except as otherwise specifically provided herein, whenever Certificateholder actionapproval, consent authorization, direction, notice, consent, waiver, or approval other action is required under this Agreementhereunder, such actionapproval, consent authorization, direction, notice, consent, waiver or approval other action shall be deemed to have been given or taken or given on behalf of, and shall be binding upon, all Certificateholders if agreed to by Certificateholders with aggregate Percentage Interests representing 51% or more of the Majority Certificateholders agree to take such action or give such consent or approvalTrust.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, and subject to Section 7.04 hereof, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree or the Certificate Insurer agrees to take such action or give such consent or approval.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (American Business Financial Services Inc /De/)

Acts of Certificateholders. (a) Except with respect to amendments hereto pursuant to the second paragraph of Section 11.03 and as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree or the Certificate Insurer agrees to take such action or give such consent or approval.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp), Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

Acts of Certificateholders. Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders with respect to a Sub-Pool if the Majority Certificateholders of the related Sub-Pool agree to take such action or give such consent or approval.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Superior Bank FSB), Pooling and Servicing Agreement (Superior Bank FSB)

Acts of Certificateholders. a. Except as otherwise specifically provided herein, whenever Certificateholder actionapproval, consent authorization, direction, notice, consent, waiver, or approval other action is required under this Agreementhereunder, such actionapproval, consent authorization, direction, notice, consent, waiver or approval other action shall be deemed to have been given or taken or given on behalf of, and shall be binding upon, all Certificateholders if agreed to by Holders of Certificates representing, in the Majority Certificateholders agree to take such action aggregate, 51% or give such consent or approvalmore of the Aggregate Certificate Principal Balance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Acts of Certificateholders. Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval of the Certificateholders is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree to take such action or give such consent or approval.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Finova Group Inc)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree or the Certificate Insurer agrees to take such action or give such consent or approval.. 121

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

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Acts of Certificateholders. Except as otherwise specifically provided hereinherein and except with respect to Section 13.02(b), whenever Certificateholder action, consent or approval of the Certificateholders is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders Required Lenders agree to take such action or give such consent or approval.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree Controlling Party agrees to take such action or give such consent or approval.. 104

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders [or the Certificate Insurer] agree to take such action or give such consent or approval.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Finance America Securities LLC)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree to take such action or give such consent or approval.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Southern Pacific Secured Assets Corp)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders of such Trust if the Majority Certificateholders agree of such Trust or the Certificate Insurer agrees to take such action or give such consent or approval.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Acts of Certificateholders. (a) Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this 100 Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree or the Certificate Insurer agrees to take such action or give such consent or approval.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Acts of Certificateholders. Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree or the Certificate Insurer agrees to take such action or give such consent or approval.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

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