Common use of Acts of Owners Clause in Contracts

Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing 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 Owners 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 6.1) 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 (Imc Home Equity Loan Owner Trust 1997-8), Indenture (Imc Home Equity Loan Owner Trust 1998-4), Indenture (First Alliance Mortgage Loan Trust 1998-2)

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Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerSponsor and/or the Certificate Insurer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Actact" of the Owners 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 Agreement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1999-3), Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1998-3), Pooling and Servicing Agreement (Accredited Home Lenders Inc)

Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerUnaffiliated Seller. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Actact" of the Owners 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 Agreement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 2 contracts

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

Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerSponsor and/or the Insurer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Actact" of the Owners 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 Agreement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1998-2)

Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerUnaffiliated Seller. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Actact" of the Owners signing such 104 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 Agreement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 1 contract

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

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Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by the Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerSeller. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Actact" of the Owners 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 6.1) conclusive in favor of the Indenture Trustee and the Issuer, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Indenture (Imc Securities Inc)

Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Owners may be 203968.5d 104 embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, and, where it is hereby expressly required, to the IssuerSeller. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Actact" of the Owners 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 Agreement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the IssuerTrust, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-2)

Acts of Owners. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture Agreement to be given or taken by the Owners may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Owners 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 in writing to the Indenture Trustee, Trustee and Securities Administrator and, where it is hereby expressly required, to the IssuerSeller. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" “act” of the Owners 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 Agreement and (subject to Section 6.1) conclusive in favor of the Indenture Trustee and the IssuerSecurities Administrator and the Trust, if made in the manner provided in this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)

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