Common use of Control by Noteholders Clause in Contracts

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 75 contracts

Samples: Onyx Acceptance Owner Trust 2005-A, Indenture (Daimlerchrysler Services North America LLC), Indenture (Onyx Acceptance Financial Corp)

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Control by Noteholders. The Holders of Notes representing a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 72 contracts

Samples: Indenture (Honda Auto Receivables 2014-3 Owner Trust), Indenture (Honda Auto Receivables 2014-3 Owner Trust), Indenture (Honda Auto Receivables 2010-3 Owner Trust)

Control by Noteholders. The Required Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 70 contracts

Samples: Indenture (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Indenture (Harley-Davidson Motorcycle Trust 2022-A)

Control by Noteholders. The Holders Noteholders of at least a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 50 contracts

Samples: Indenture (SLM Funding LLC), Indenture (SLM Student Loan Trust 2007-4), Indenture (SLM Student Loan Trust 2005-3)

Control by Noteholders. The Holders of a majority of the Outstanding Amount Security Balances of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 47 contracts

Samples: Servicing Agreement (National City Mortgage Capital LLC), Servicing Agreement (Long Beach Securities Corp), Indenture (Impac Secured Assets Corp)

Control by Noteholders. The Holders of a majority of the Outstanding Amount aggregate Note Balance of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 43 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2005-2), Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Indenture (Greenpoint Mortgage Funding Trust 2005-He4)

Control by Noteholders. The Holders of not less than a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 39 contracts

Samples: Indenture (CNH Equipment Trust 2017-A), Indenture (CNH Equipment Trust 2016-C), Indenture (CNH Equipment Trust 2023-B)

Control by Noteholders. The Holders of a majority of the Outstanding Amount principal amount of the Notes Outstanding shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 31 contracts

Samples: Indenture (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Owner Trust 2001-4), Indenture (Mmca Auto Receivables Trust)

Control by Noteholders. The Required Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture TrusteeTrustee (in all events subject to Section 6.02(f)); provided that:

Appears in 28 contracts

Samples: Indenture (Cit Funding Co, LLC), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Control by Noteholders. The Holders Noteholders of Notes representing a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 28 contracts

Samples: Indenture (Honda Auto Receivables 2016-3 Owner Trust), Indenture (American Honda Receivables LLC), Indenture (Honda Auto Receivables 2021-4 Owner Trust)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 27 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Diversified Energy Co PLC)

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 27 contracts

Samples: Indenture (SLM Funding LLC), Indenture (SLM Education Credit Funding LLC), Indenture (SLM Funding LLC)

Control by Noteholders. The Except as otherwise provided in Section 5.02, the Holders of a majority of the Outstanding Amount Balance of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 21 contracts

Samples: Indenture (SunTrust Mortgage Securitization, LLC), Indenture (Homebanc Corp), Indenture (NYMT Securities CORP)

Control by Noteholders. The Holders of a majority of the Outstanding Amount aggregate Note Principal Balances of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 14 contracts

Samples: Indenture (Bear Stearns ARM Trust 2007-2), Indenture (GSR Trust 2005-Hel1), Indenture (Bear Stearns ARM Trust 2006-1)

Control by Noteholders. The Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Notes Controlling Class shall have the right to direct in writing the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 13 contracts

Samples: Indenture (Carvana Auto Receivables Trust 2021-N4), Indenture (Carvana Auto Receivables Trust 2021-N2), Indenture (Carvana Auto Receivables Trust 2022-P1)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 12 contracts

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

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 9 contracts

Samples: Indenture (John Deere Owner Trust 2011), Indenture (John Deere Owner Trust 2013), Deere Owner Trust 2015 (John Deere Owner Trust 2015)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 9 contracts

Samples: Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-A, Amsouth Auto Corp Inc

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Controlling Class Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 8 contracts

Samples: Indenture (Sast 2006-3), Saxon Asset Securities Trust 2005-1, Saxon Asset Securities Trust 2005-2

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall shall, subject to provision being made for indemnification against costs, expenses and liabilities in a form satisfactory to the Indenture Trustee, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 7 contracts

Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Indenture (Capital Auto Receivables Inc), Indenture (Asset Backed Securities Corp)

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Controlling Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 7 contracts

Samples: Indenture (SLM Private Credit Student Loan Trust 2005-A), Indenture (SLM Education Credit Funding LLC), Indenture (SLM Education Credit Funding LLC)

Control by Noteholders. The Holders Noteholders of Notes evidencing not less than a majority of the Outstanding Amount principal amount of the Notes Outstanding shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 6 contracts

Samples: Indenture (Ford Credit Auto Receivables Two L P), Indenture (Ford Credit Auto Receivables Two L P), Ford Credit Auto Receivables Two L P

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:

Appears in 6 contracts

Samples: Indenture (SLM Funding Corp), Indenture (First Union Student Loan Trust 1997-1), Indenture (Usa Group Secondary Market Services Inc)

Control by Noteholders. The Holders of a majority of the Outstanding Amount Security Balances of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising exer cising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 6 contracts

Samples: Indenture (Icifc Secured Assets Corp), Indenture (Salomon Brothers Mortgage Securities Vii Inc), Indenture (WMC Secured Assets Corp)

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 6 contracts

Samples: Indenture (Wells Fargo Student Loans Receivables I LLC), SMS Student Loan Trust 2000-B, SMS Student Loan Trust 2000-A

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Controlling Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 5 contracts

Samples: Indenture (SLM Private Credit Student Loan Trust 2006-C), Indenture (SLM Private Credit Student Loan Trust 2005-B), Administration Agreement (SLM Private Credit Student Loan Trust 2007-A)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 5 contracts

Samples: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Conseco Finance Lease 2000-1 LLC)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 4 contracts

Samples: Indenture (Capitalsource Inc), Alpine Summit Energy Partners, Inc., Indenture (Firstplus Financial Group Inc)

Control by Noteholders. The Holders of at least a majority of the Outstanding Amount of the Notes Notes, acting together as a single Class, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 4 contracts

Samples: Indenture (Toyota Auto Finance Receivables LLC), Toyota Auto Receivables 2010-B Owner Trust, Toyota Auto Receivables 2010-B Owner Trust

Control by Noteholders. The If the Indenture Trustee is the Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 4 contracts

Samples: Indenture (First Merchants Acceptance Corp), Indenture (First Merchants Acceptance Corp), Indenture (SSB Vehicle Securities Inc BMW Vehicle Owner Trust 1999-A)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:

Appears in 4 contracts

Samples: Indenture (Money Store Commercial Mortgage Inc), Barnett Auto Receivables Corp, Ace Securities Corp

Control by Noteholders. The Either the Administrative Agent or the Majority Holders of a majority of the all Outstanding Amount of the Notes shall will have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes Trustee, or exercising any trust or power conferred on the Indenture TrusteeTrustee with respect to such Notes; provided that:

Appears in 4 contracts

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

Control by Noteholders. The Holders Noteholders of at least a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 3 contracts

Samples: Indenture (SLC Student Loan Trust 2007-1), Indenture (SLC Student Loan Trust 2007-2), Indenture (SLC Student Loan Receivables I Inc)

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 3 contracts

Samples: Master Administration Agreement (SLM Funding LLC), Master Administration Agreement (SLM Funding LLC), Master Administration Agreement (SLM Funding LLC)

Control by Noteholders. The Holders of a majority of the Outstanding Amount ---------------------- Security Balances of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 3 contracts

Samples: Master Servicing Agreement (Provident Bank), Servicing Agreement (Greenpoint Credit LLC), Master Servicing Agreement (Indymac Abs Inc)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or the Collateral or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 3 contracts

Samples: Indenture (Hercules Technology Growth Capital Inc), Indenture (Capitalsource Inc), Capitalsource Inc

Control by Noteholders. The Holders Either the Administrative Agent or the Majority Noteholders of a majority of the all Outstanding Amount of the Notes shall will have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes Trustee, or exercising any trust or power conferred on the Indenture TrusteeTrustee with respect to such Notes; provided that:

Appears in 3 contracts

Samples: Indenture (Home Loan Servicing Solutions, Ltd.), Home Loan Servicing Solutions, Ltd., Home Loan Servicing Solutions, Ltd.

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Chase Credit Card Master Trust), Pooling and Servicing Agreement (Chase Credit Card Master Trust), Chase Manhattan Bank Usa

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Directing Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 3 contracts

Samples: Master Indenture (Crestar Securitization LLC), Indenture (Crestar Bank /Va), Crestar Bank /Va

Control by Noteholders. The Holders of a majority 66 2/3% of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 3 contracts

Samples: Indenture (Household Mortgage Loan Trust 2003-Hc1), Compass Asset Acceptance Co, Household Mortgage Loan Trust 2002 Hc1

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Notes, voting as a single class, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:: 29 (NAROT 2020-B Indenture)

Appears in 2 contracts

Samples: Nissan Auto Receivables Corp Ii, Nissan Auto Receivables Corp Ii

Control by Noteholders. The Holders of a majority (or 66-2/3% if an Event of Default has occurred and is continuing) of the Outstanding Principal Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: Caterpillar Financial Funding Corp, Caterpillar Financial Funding Corp

Control by Noteholders. The Holders of a majority Notes representing more than two-thirds of the Outstanding aggregate Principal Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 2 contracts

Samples: Note Purchase Agreement (Specialty Trust Inc), Specialty Mortgage Trust Inc

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall shall, subject to provisions being made for indemnification against costs, expenses and liabilities in a form satisfactory to the Indenture Trustee, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 2 contracts

Samples: Corporate Asset Backed Corp, Corporate Asset Backed Corp

Control by Noteholders. The Holders of a majority in principal amount of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; , provided that:

Appears in 2 contracts

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

Control by Noteholders. The Holders Controlling Party of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: Heller Funding Corp, Heller Funding Corp

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes with respect to such Series shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes of such Series or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: Indenture (Household Automotive Trust Iv Series 2000-1), Household Automotive Trust v Series 2000 2

Control by Noteholders. The Holders holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:

Appears in 2 contracts

Samples: Indenture (Key Bank Usa National Association), Mellon Bank N A

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:

Appears in 2 contracts

Samples: Caterpillar Financial Funding Corp, Caterpillar Financial Funding Corp

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:: --------

Appears in 2 contracts

Samples: Nova Corp \Ga\, Nova Corp \Ga\

Control by Noteholders. The Holders Majority in Interest of a majority of the Outstanding Amount of the Notes Noteholders shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; , provided that:

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (Royal Ahold), Trust Indenture and Security Agreement (Royal Ahold)

Control by Noteholders. The Holders of not less than a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED, that:

Appears in 2 contracts

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

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED, HOWEVER, that:

Appears in 2 contracts

Samples: Indenture (Nellie Mae Education Loan Corp), Asset Backed Securities Corp

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: Oxford Resources Corp, Oxford Resources Corp

Control by Noteholders. The Holders of a majority 66-2/3% of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: HFC Revolving Corp Household Home Equity Loan Trust 2003 2, HFC Revolving Corp Household Home Equity Ln Tr 2003 1

Control by Noteholders. The Holders of a majority in principal amount of such Outstanding Notes shall, subject to provision being made for indemnification against costs, expenses and liabilities in a form satisfactory to the Outstanding Amount of the Notes shall Indenture Trustee, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED, HOWEVER, that:

Appears in 2 contracts

Samples: Exhibit 99 (First Security Auto Owner Trust 1999 1), First Security Bank Na

Control by Noteholders. The Holders of a majority of the Outstanding Amount aggregate outstanding principal amount of the Notes shall shall, subject to provision being made for indemnification against costs, expenses and liabilities in a form satisfactory to the Indenture Trustee, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 2 contracts

Samples: Indenture (Cit Group Securitization Corp Ii), Indenture (Cit Group Securitization Corp Ii)

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Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 2 contracts

Samples: Gehl Co, WFS Receivables Corp 3

Control by Noteholders. The Holders of holding at least a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 2 contracts

Samples: Bluegreen Corp, Bluegreen Corp

Control by Noteholders. The Holders holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Key Bank Usa National Association

Control by Noteholders. The Holders of a majority of the ---------------------- Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 1 contract

Samples: Indenture (Financial Asset Securities Corp)

Control by Noteholders. (a) The Holders of a majority of the Outstanding Amount principal amount of the Notes Outstanding shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Daimler Benz Vehicle Receivables Corp

Control by Noteholders. The Holders of a majority of the Outstanding Amount Class ----------------------- Principal Balance of the Notes Notes, with the consent of the Note Insurer, shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Thornburg Mortgage Asset Corp

Control by Noteholders. The Holders of a majority of ---------------------- the Outstanding Amount Security Balances of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:.

Appears in 1 contract

Samples: Administration Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders shall have ---------------------- the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: MCG Capital Corp

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:: 37

Appears in 1 contract

Samples: Indenture (Nal Financial Group Inc)

Control by Noteholders. The Holders Noteholders of a majority in aggregate principal amount of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; , provided that:

Appears in 1 contract

Samples: Indenture (Votorantim Pulp & Paper Inc)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the [Controlling] Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Form of Indenture (Chase Manhattan Bank Usa)

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Bas Securitization LLC

Control by Noteholders. The Holders Noteholders of a majority of the Outstanding Amount outstanding principal amount of the Notes comprising the Controlling Class shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:

Appears in 1 contract

Samples: Indenture (Uici)

Control by Noteholders. The Holders of a majority Noteholders evidencing not less than 51% of the Outstanding Amount of the Notes Note Balance shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED, HOWEVER, that:

Appears in 1 contract

Samples: First Investors Financial Services Group Inc

Control by Noteholders. The Holders of a majority of the ---------------------- Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Indenture (Financial Asset Securities Corp)

Control by Noteholders. The Holders of a majority in ---------------------- principal amount of such Outstanding Notes shall, subject to provision being made for indemnification against costs, expenses and liabilities in a form satisfactory to the Outstanding Amount of the Notes shall Indenture Trustee, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:: -------- -------

Appears in 1 contract

Samples: Indenture (First Security Bank Na)

Control by Noteholders. The If the Indenture Trustee is the ---------------------- Controlling Party, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Administration Agreement (SSB Vehicle Securities Inc)

Control by Noteholders. The Holders If the Indenture Trustee is the Controlling Party, the Noteholders of a majority of the Outstanding Amount Note Principal Balance of the Notes shall have the right to direct the time, method and place of conducting any Proceeding proceeding for any remedy available to the Indenture Trustee pursuant to Section 5.01 with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 1 contract

Samples: Indenture (Advanta Conduit Receivables Inc)

Control by Noteholders. The Holders of a majority Majority of the Outstanding Amount of the Notes Noteholders shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Sale Agreement (Lares Asset Securitization, Inc.)

Control by Noteholders. The Holders of a majority representing more than 50% of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:

Appears in 1 contract

Samples: Sale and Servicing Agreement (Eaglemark Inc)

Control by Noteholders. The Holders holders of a majority of the Outstanding Amount of the Controlling Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED that:

Appears in 1 contract

Samples: Key Bank Usa National Association

Control by Noteholders. The Holders Noteholders of at least a majority of the Outstanding Amount of the Controlling Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, that:

Appears in 1 contract

Samples: Indenture (SLC Private Student Loan Trust 2006-A)

Control by Noteholders. The Holders Noteholders of a majority ---------------------- of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:that --------

Appears in 1 contract

Samples: SLM Funding Corp

Control by Noteholders. The Holders (a) Except as otherwise provided in Section 5.2, Noteholders evidencing of a majority of the Outstanding Amount Balance of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: First NLC Trust 2005-1

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes Majority Noteholders ---------------------- shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided provided, however, that:: -------- -------

Appears in 1 contract

Samples: Ascent Entertainment Group Inc

Control by Noteholders. The Holders of a majority of ---------------------- the Outstanding Amount Security Balances of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Administration Agreement (Merrill Lynch Mortgage Investors Inc)

Control by Noteholders. The Holders Noteholders of a majority of ---------------------- the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:that -------- ----

Appears in 1 contract

Samples: Indenture (SLM Funding Corp)

Control by Noteholders. The Holders of holding at least a majority of the Outstanding Amount of the each Class of Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED, that:

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Control by Noteholders. The Holders of representing not less than a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Indenture (Bear Stearns Asset Backed Securities Inc)

Control by Noteholders. The Holders Noteholders of a majority of the ---------------------- Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:that -------- (i) such direction shall not be in conflict with any rule of law or with this Indenture;

Appears in 1 contract

Samples: SLM Funding Corp

Control by Noteholders. The Holders of a majority of the Outstanding Amount of the Notes shall shall, subject to provision being made for indemnification against costs, expenses and liabilities in a form satisfactory to the Indenture Trustee, have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided PROVIDED, HOWEVER, that:

Appears in 1 contract

Samples: Wholesale Auto Receivables Corp

Control by Noteholders. The Holders of Noteholders representing at least a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for or any remedy available to the Indenture Trustee with respect to the Notes or exercising with respect to the exercise of any trust or power conferred on the Indenture Trustee; , provided that:

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Control by Noteholders. The Holders Noteholders of at least a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Indenture (Wells Fargo Student Loans Receivables I LLC)

Control by Noteholders. The Holders Noteholders of at least a majority of the Outstanding Amount of the Controlling Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Indenture (SLM Student Loan Trust 2008-9)

Control by Noteholders. The Holders Subject to Section 5.16(b), the holders of a majority of the Outstanding Amount Controlling Class of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Indenture (Deutsche Recreational Asset Funding Corp)

Control by Noteholders. The Holders of a majority of ---------------------- the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: Asset Backed Securities Corp

Control by Noteholders. The Except as otherwise provided in Section 5.02, the Holders of a majority of the Outstanding Amount of the Notes shall have the right to direct the time, method and place of conducting any Proceeding for any remedy available to the Indenture Trustee with respect to the Notes or exercising any trust or power conferred on the Indenture Trustee; provided that:

Appears in 1 contract

Samples: BLG Securities Company, LLC

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