Common use of Rights of Insurer Clause in Contracts

Rights of Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Insurer (or if an Insurer Default shall have occurred and is continuing, the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Mortgage Loan or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 8 contracts

Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Conduit Receivables Inc)

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Rights of Insurer. Notwithstanding anything to the contrary in the Operative Basic Documents, without the prior written consent of the Insurer (or if an Insurer Default shall have occurred and is be continuing, the Security Majority) , the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Mortgage Loan Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section ss. 3.10 of the Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section ss. 11.1 of this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Advanta Automobile Receivables 1998-1), Trust Agreement (Advanta Automobile Receivables Trust 1997-2)

Rights of Insurer. Notwithstanding anything to the contrary in the Operative Related Documents, without the prior written consent of the Insurer (or if an so long as no Insurer Default shall have occurred and is be continuing), the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust Issuer or compromise any claim, suit or proceeding brought by or against the TrustIssuer, other than with respect to the enforcement of any Mortgage Loan Receivable or any rights of the Trust Issuer thereunder, (iii) authorize the merger or consolidation of the Trust Issuer with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this AgreementTrust.

Appears in 2 contracts

Samples: Trust Agreement (Triad Financial Corp), Trust Agreement (Asset Backed Securities Corp)

Rights of Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Insurer (or if an Insurer Default shall have occurred and is continuing, the Security Majority) ), the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Mortgage Loan or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture)entity, (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 2000 A)

Rights of Insurer. Notwithstanding anything to the contrary in the Operative Related Documents, without the prior written consent of the Insurer (or if an so long as no Insurer Default shall have occurred and is be continuing), the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust Issuer or compromise any claim, suit or proceeding brought by or against the TrustIssuer, other than with respect to the enforcement of any Mortgage Loan Receivable or any rights of the Trust Issuer thereunder, (iii) authorize the merger or consolidation of the Trust Issuer with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture), or (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this AgreementTrust.

Appears in 1 contract

Samples: Trust Agreement (Asset Backed Securities Corp)

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Rights of Insurer. Notwithstanding anything to the contrary in the Operative Documents, without the prior written consent of the Insurer (or if an Insurer Default shall have occurred and is continuing, the Security Majority) the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Mortgage Loan or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 11.01 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Conduit Receivables Inc)

Rights of Insurer. Notwithstanding anything to the contrary in the Operative Basic Documents, without the prior written consent of the Insurer (or if an Insurer Default shall have occurred and is be continuing, the Security Majority) , the Owner Trustee shall not (i) remove the Master Servicer, (ii) initiate any claim, suit or proceeding by the Trust or compromise any claim, suit or proceeding brought by or against the Trust, other than with respect to the enforcement of any Mortgage Loan Receivable or any rights of the Trust thereunder, (iii) authorize the merger or consolidation of the Trust with or into any other business trust or other entity (other than in accordance with Section 3.10 of the Indenture), (iv) amend the Certificate of Trust or (v) amend this Agreement in accordance with Section 11.1 of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Advanta Automobile Receivables Trust 1997-1)

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