Common use of Acts of Noteholders Clause in Contracts

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 263 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2023-1)

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Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “ActAction” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 128 contracts

Samples: Toyota Auto Receivables 2024-B Owner Trust, Form of Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 124 contracts

Samples: Indenture (BMW Fs Securities LLC), Honda Auto Receivables 2007-1 Owner Trust, American Honda Receivables Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03.

Appears in 113 contracts

Samples: Indenture (Home Equity Loan Trust 2006-Hsa3), Indenture (RFMSII Series 2006-Hsa2 Trust), Indenture (Home Equity Loan Trust 2006-Hsa4)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” Act of the Noteholders Noteholders” signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this Section.

Appears in 93 contracts

Samples: Indenture (World Omni Select Auto Trust 2021-A), Indenture (World Omni Auto Receivables Trust 2021-A), Indenture (World Omni Auto Receivables Trust 2022-D)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such the Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 89 contracts

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

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 75 contracts

Samples: Indenture (SLM Student Loan Trust 2008-5), Indenture (SLM Funding LLC), Indenture (SLM Student Loan Trust 2008-9)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 68 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2023-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A), Indenture (Harley Davidson Motorcycle Trust 2004 1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 63 contracts

Samples: Indenture (SLM Funding Corp), Indenture (SLM Funding LLC), Indenture (Greenpoint Home Equity Loan Trust 1999 2)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein herein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 59 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2005-A), Indenture (Usaa Acceptance LLC Auto Owner Trust 2002-1), Indenture (Mmca Auto Receivables Trust Ii)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 46 contracts

Samples: Sale and Servicing Agreement and Trust Agreement (Harley Davidson Customer Funding Corp), Indenture (SLM Education Credit Funding LLC), Indenture (First Union Student Loan Trust 1997-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 44 contracts

Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Uacsc Auto Trusts Uacsc 1999-D Owner Trust Auto Rec Bac Note), Indenture (Uacsc 2001-a Owner Trust)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 41 contracts

Samples: Indenture (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2005-B), Manufactured Housing (Origen Residential Securities, Inc.), Servicing Agreement (American Home Mort Securities Home Mortgage Invest Tr 2004-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 35 contracts

Samples: Indenture (WFS Receivables Corp 3), Indenture (WFS Financial 2005-3 Owner Trust), Indenture (Green Tree Financial Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 29 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (each, an “Action”) provided by this Indenture to be given or taken by Noteholders of any Class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and except . Except as herein otherwise expressly provided provided, such action shall Action will become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments and any such record (and the action Action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instrumentsinstruments and so voting at any meeting. Proof of execution of any such instrument or of a writing appointing any such agent shall agent, or the holding by any Person of a Note, will be sufficient for any purpose of this Indenture and (subject to Section 6.0111.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 1.5.

Appears in 28 contracts

Samples: Indenture (New Residential Investment Corp.), Indenture (New Residential Investment Corp.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments instrument(s) of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments instrument(s) are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instrumentsinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this Section.

Appears in 25 contracts

Samples: Indenture (CNH Equipment Trust 2017-A), Indenture (CNH Equipment Trust 2017-B), Indenture (CNH Equipment Trust 2021-C)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders or a specified percentage of Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except . Except as herein otherwise expressly provided in this Indenture such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly if required, to the Issuer. Such instrument or instruments (and the action embodied therein in such instrument or instruments and evidenced therebyby such instrument or instruments) are herein sometimes referred to in this Indenture as the “ActAct of Noteholdersof the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 22 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2012-A), Indenture (Ford Credit Auto Owner Trust 2014-A), Indenture (Ford Credit Auto Owner Trust 2012-A)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 21 contracts

Samples: Indenture (GSR Trust 2005-Hel1), Indenture (Homebanc Corp), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 20 contracts

Samples: Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Indenture (H&r Block Inc), Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerTrust. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this SectionSection 11.03.

Appears in 19 contracts

Samples: Subsequent Pledge Agreement (Prudential Securities Secured Financing Corp), Indenture, (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” "Action" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 18 contracts

Samples: Tia Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Auto Finance Receivables LLC), Indenture (Nissan Auto Receivables 2002-a Owner Trust)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 16 contracts

Samples: Indenture (Usaa Auto Owner Trust 2004-2), Indenture (USAA Auto Owner Trust 2006-4), Indenture (USAA Auto Owner Trust 2006-2)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments instrument(s) of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments instrument(s) are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments instrument(s) (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instrumentsinstrument(s). Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 15 contracts

Samples: Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc), Indenture (CNH Capital Receivables Inc)

Acts of Noteholders. (a) Any a)Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03.

Appears in 14 contracts

Samples: GMACM Home Equity Loan Trust 2006-He1, GMACM Home Equity Loan Trust 2006-He2, Residential Funding Mortgage Securities Ii Inc

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 14 contracts

Samples: Indenture (Cwabs Inc), Indenture (Equity One Abs Inc), Indenture (Capitalsource Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders or a specified percentage of Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except . Except as herein otherwise expressly provided in this Indenture such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly if required, to the Issuer. Such instrument or instruments (and the action embodied therein in such instrument or instruments and evidenced therebyby such instrument or instruments) are herein sometimes referred to in this Indenture as the “Act” "Act of the Noteholders Noteholders" signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 14 contracts

Samples: Indenture (Ford Credit Auto Owner Trust 2009-D), Indenture (Ford Credit Auto Owner Trust 2009-A), Indenture (Ford Credit Auto Owner Trust 2008-C)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 14 contracts

Samples: Indenture (Wachovia Mortgage Loan Trust, LLC), Wachovia Asset Funding Trust, LLC, Sub Servicing Agreement (Residential Asset Funding Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders or a Class of Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity and the Grantor Trust. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee Trustee, the Grantor Trust and the IssuerIssuing Entity, if made in the manner provided in this SectionSection 11.3.

Appears in 13 contracts

Samples: Indenture (Carvana Auto Receivables Trust 2021-N3), Indenture (Carvana Auto Receivables Trust 2021-N3), Indenture (Carvana Auto Receivables Trust 2021-P4)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 13 contracts

Samples: Chec Funding LLC, Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002-2)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders holders of the Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders holders of the Notes, in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders holders of the Notes, signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 12 contracts

Samples: Note Purchase Agreements (National Collegiate Student Loan Trust 2005-2), www.snl.com, www.snl.com

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders or a class of Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 12 contracts

Samples: Indenture (Central Originating Lease Trust), Indenture (Cit Group Securitization Corp Ii), Indenture (Capital Auto Receivables Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this SectionSection 10.03.

Appears in 12 contracts

Samples: Indenture (Opteum Mortgage Acceptance CORP), Material Definitive Agreement (MortgageIT Securities Corp.), Material Definitive Agreement (Opteum Mortgage Acceptance CORP)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this SectionSection 11.03.

Appears in 11 contracts

Samples: Indenture (NovaStar Certificates Financing CORP), Indenture (Accredited Mortgage Loan REIT Trust), Indenture (NovaStar Mortgage Funding Trust, Series 2006-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 11 contracts

Samples: Indenture (California Republic Funding LLC), Trust Agreement (California Republic Auto Receivables Trust 2015-2), Trust Agreement (California Republic Funding LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken (manually or by facsimile) by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 11 contracts

Samples: Indenture (Cit Equipment Collateral 2003-Vt1), Indenture (Cit Ec Ef 2001-A), Article Seven (Cit Equipment Collateral 2001-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Securities Administrator, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee Securities Administrator and the Issuer, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 10 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2006-4)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 10 contracts

Samples: BMW Vehicle Lease (BMW Auto Leasing LLC), Vehicle Lease (Financial Services Vehicle Trust), Vehicle Lease Trust (Financial Services Vehicle Trust)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 9 contracts

Samples: Indenture (H&r Block Inc), Indenture (Capitalsource Inc), Indenture (H&r Block Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 8 contracts

Samples: Indenture (Hercules Technology Growth Capital Inc), Indenture (Hercules Capital, Inc.), Indenture (NewStar Financial, Inc.)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 8 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 8 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerTrust. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this SectionSection 11.03.

Appears in 8 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (Accredited Mortgage Loan Trust 2004-4), Indenture (Accredited Mortgage Loan Trust 2003-3)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or Dollar value of aggregate unpaid principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 8 contracts

Samples: Indenture (OneMain Financial Holdings, Inc.), Indenture (OneMain Financial Holdings, Inc.), Indenture (Springleaf Holdings, Inc.)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such the Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 8 contracts

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

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee; and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 6.01) , shall be conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 7 contracts

Samples: Bear Stearns Asset Backed Securities Inc, Irwin Whole Loan Home Equity Trust 2005-A, Indenture (Bear Stearns Asset Backed Securities Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 7 contracts

Samples: Capital One Auto Receivables LLC, Amsouth Auto Receivables LLC, Volkswagen Public Auto Loan Securitization LLC

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.017.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 7 contracts

Samples: Indenture (Resource America, Inc.), Lockbox Intercreditor Agreement (Resource America, Inc.), Indenture (LEAF Equipment Finance Fund 4, L.P.)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 7 contracts

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Acts of Noteholders. (a) Any request, demand, ------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 7 contracts

Samples: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), Indenture (SLM Funding Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” Act of the Noteholders Noteholders” signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 12.3.

Appears in 7 contracts

Samples: Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture or any Supplement to be given or taken by Noteholders may be (i) embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing, (ii) evidenced by the written consent or direction of Noteholders of the specified percentage of the principal amount of the Notes, or (iii) evidenced by a combination of such instrument or instruments; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments instruments, or consent or direction, are delivered to the Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent or of the execution of any written consent or direction shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders holders of the Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders holders of the Notes in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders holders of the Notes signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Keycorp Student Loan Trust 2000-B, Keycorp Student Loan Trust 2000-A, Indenture (Key Bank Usa National Association)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Nissan Wholesale Receivables Corp Ii)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action (collectively, "action") provided by this Indenture to be given or taken by Noteholders of any series or class may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall will become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall will be sufficient for any purpose of this Indenture and (subject to Section 6.01801) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Indenture (Daimlerchrysler Master Owner Trust), Indenture (Carco Auto Loan Master Trust), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Indenture Default (Nissan-Infiniti Lt), Indenture (John Deere Owner Trust 2013), Deere Owner Trust 2015 (John Deere Owner Trust 2015)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders holders of the Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders holders of the Notes, in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders holders of the Notes, signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: National Collegiate Student Loan Trust 2007-1, National Collegiate Student Loan Trust 2007-2, Indenture (National Collegiate Funding LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Note Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Note Trustee, and, where it is hereby expressly required, to the Note Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Note Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Note Trustee and the Note Issuer, if made in the manner provided in this Section.

Appears in 6 contracts

Samples: Note Indenture (B E C Energy), Note Indenture (Bec Funding LLC), Note Indenture (Wmeco Funding LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03.

Appears in 5 contracts

Samples: Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Pacificamerica Money Center Inc), Indenture (Merrill Lynch Mortgage Investors Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 5 contracts

Samples: Indenture (USAA Auto Owner Trust 2007-2), Indenture (USAA Auto Owner Trust 2008-1), Indenture (GS Auto Loan Trust 2005-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “ActAct of Noteholdersof the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03.

Appears in 5 contracts

Samples: Master Agreement (Home Equity Mortgage Trust 2006-2), Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Home Equity Mortgage Trust 2007-1

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Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders or a class of Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerOwner Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the IssuerOwner Trustee, if made in the manner provided in this SectionSection 11.3.

Appears in 5 contracts

Samples: Indenture (Navistar Financial Retail Receivables Corporation), Servicing Agreement (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation)

Acts of Noteholders. (ab) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 5 contracts

Samples: Heller Equipment (Heller Funding Corp Ii), Eaglemark Inc, Eaglemark Inc

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Class A Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Class A Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Class A Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 5 contracts

Samples: Credit Acceptance Corporation, Credit Acceptance Corporation, Credit Acceptance Corporation

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerOwner Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.017.01) conclusive in favor of the Indenture Trustee and the IssuerOwner Trustee, if made in the manner provided in this SectionSection 14.03.

Appears in 5 contracts

Samples: Servicing Agreement (Capital One Auto Receivables LLC), Capital One Auto Finance Trust 2002-A, Capital One Auto Finance Trust 2002-C

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.017.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 13.01.

Appears in 5 contracts

Samples: Indenture (Trendwest Resorts Inc), Indenture (Sunrise Resources Inc\mn), Trendwest Resorts Inc

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 5 contracts

Samples: Master Agreement (GSC Capital Corp. Mortgage Trust 2006-1), Indenture (Bear Stearns ARM Trust 2007-2), Indenture (Bear Stearns ARM Trust 2006-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.017.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 13.02.

Appears in 4 contracts

Samples: Indenture (Microfinancial Inc), Indenture (Microfinancial Inc), Indenture (Microfinancial Inc)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection .

Appears in 4 contracts

Samples: California Republic (California Republic Auto Receivables Trust 2016-1), California Republic (California Republic Auto Receivables Trust 2017-1), California Republic (California Republic Auto Receivables Trust 2016-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Mid State Trust Vi, Mid State Trust Vi, Mid-State Homes Inc

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03.

Appears in 4 contracts

Samples: Servicing Agreement (National City Mortgage Capital LLC), Servicing Agreement (Long Beach Securities Corp), Phoenix Residential Securities, LLC

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders Holders of Class A Notes may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders Holders in person Person or by agents an agent duly appointed in writing; and , and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action or actions embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders Holders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 14.2.

Appears in 4 contracts

Samples: Indenture (FS Investment CORP), Indenture (FS Investment Corp II), FS Investment Corp II

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Note Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Note Trustee, and, where it is hereby expressly required, to the Note Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Note Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Note Trustee and the Note Issuer, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Note Indenture (CEC Funding, LLC), Note Indenture (BEC Funding II, LLC), Note Indenture (BEC Funding II, LLC)

Acts of Noteholders. (a) Any request, demand, ------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 4 contracts

Samples: Master Servicing Agreement (Indymac Abs Inc), Master Servicing Agreement (Provident Bank), Administration Agreement (Merrill Lynch Mortgage Investors Inc)

Acts of Noteholders. (a) Any request, demand, ------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders or a series of Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.3.

Appears in 4 contracts

Samples: Indenture (Wholesale Auto Receivables Corp), Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp)

Acts of Noteholders. (a) Any request, demand, -------------------- authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Note Trustee, and, where it is hereby expressly required, to the Note Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Note Trustee and the Note Issuer, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Sce Funding LLC, Sdg&e Funding LLC a De Limited Liability Co, Sdg&e Funding LLC a De Limited Liability Co

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this Section.

Appears in 4 contracts

Samples: Indenture (World Omni LT), Indenture (World Omni LT), Indenture (World Omni LT)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 4 contracts

Samples: Indenture (Greenpoint Mortgage Funding Trust 2005-He3), Indenture (Indymac MBS Inc), Indenture (Greenpoint Mortgage Funding Trust 2005-He1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” Act of the Noteholders Noteholders” signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: World Omni Auto Receivables Trust 2005-A, World Omni Auto Receivables Trust 2005-B, World Omni Auto Receivables LLC

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 3 contracts

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Peoples Choice Home Loan Securities Trust Series 2005-4

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writingwriting and satisfying any requisite percentages as to the minimum number or Dollar value of outstanding principal amount represented by such Noteholders; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is to the extent hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 12.03.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC), Purchase Agreement (Realogy Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 3 contracts

Samples: Indenture (NewStar Financial, Inc.), Indenture (Ares Capital Corp), NewStar Financial, Inc.

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken (manually or by facsimile) by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Indenture (Cit Funding Co, LLC), Cit Equipment Collateral 2006-Vt2

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents an agent duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or Dollar value of Outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 11.03.

Appears in 3 contracts

Samples: Master Indenture (Compucredit Corp), Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerTrust. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Indenture (Advanta Revolving Home Equity Loan Trust 2000 A), Advanta Mortgage Conduit Services Inc, Advanta Conduit Receivables Inc

Acts of Noteholders. (a1) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Credit Acceptance Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section SECTION 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Dealer Auto Receivables Corp), Caterpillar Financial Funding Corp, Caterpillar Financial Funding Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 3 contracts

Samples: Manufactured Housing Contract (Origen Residential Securities, Inc.), Servicing Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A), Merrill Lynch Mortgage Investors Inc

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this the Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by their agents duly appointed in writingwriting and satisfying any requisite percentages as to minimum number or dollar value of outstanding principal amount represented by such Noteholders; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this the Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSection 12.03.

Appears in 3 contracts

Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust), Master Indenture (First National Funding LLC)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” "Act of the Noteholders Noteholders" signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables LLC), World Omni Auto Receivables LLC

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee; and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (and, subject to Section 6.01) , shall be conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Bear Stearns Asset Backed Securities Inc, Irwin Home Equity Loan Trust 2005-1, Irwin Home Equity Loan Trust 2004-1

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except . Except as herein otherwise expressly provided herein, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee and, where it is hereby if expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Indenture (FBR Securitization, Inc.), First NLC Trust 2005-1, First NLC Trust 2005-3 Mortgate-Backed Notes, Series 2005-3

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders holders of the Group I or Group II Notes, as applicable, may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders holders of the Group I or Group II Notes, as applicable, in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders holders of the Group I or Group II Notes, as applicable, signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 3 contracts

Samples: Indenture (Keycorp Student Loan Trust 2002-A), Indenture (Keycorp Student Loan Trust 2001-A), Indenture (Key Bank Usa National Association)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” "ACT" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01SECTION 6.01 hereof) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this SectionSECTION 11.03.

Appears in 3 contracts

Samples: Indenture (Painewebber Mortgage Acceptance Corporation Iv), Franchise Finance Corp of America, Painewebber Mort Accept Corp Iv Empire Funding 1999-1

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Securities Administrator, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.01 hereof) conclusive in favor of the Indenture Trustee Securities Administrator and the Issuer, if made in the manner provided in this SectionSection 10.03 hereof.

Appears in 2 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2005-1), Renaissance Mortgage Acceptance Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents duly appointed in writing; and except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuer and after prior written notice is given to the Swap Counterparty of material requests, demands, authorizations, directions, notices, consents, waivers or other actions. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Indenture (WFS Receivables Corp), WFS Receivables Corp

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerIssuing Entity. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the IssuerIssuing Entity, if made in the manner provided in this SectionSection 10.03.

Appears in 2 contracts

Samples: Indenture (Impac Secured Assets Corp), Shellpoint Mortgage Acceptance LLC

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents 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 Indenture Trustee Trustee, and, where it is hereby expressly required, to the Issuer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “Act” Act of the Noteholders Noteholders” signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.016.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Indenture (Wells Fargo Student Loans Receivables I LLC), Indenture (Bank One Auto Securitization Trust 2003-1)

Acts of Noteholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Noteholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Noteholders in person or by agents agent duly appointed in writing; and and, except as herein otherwise expressly provided provided, such action shall become effective when such instrument or instruments are delivered to the Indenture Trustee Trustee, and, where it is hereby expressly required, to the IssuerTrust. Such instrument or instruments (and the action embodied therein and evidenced thereby) thereby are herein sometimes referred to as the "Act" of the Noteholders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.01) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 2 contracts

Samples: Indenture (Saul B F Real Estate Investment Trust), Saul B F Real Estate Investment Trust

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