Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by the Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing, and such action shall become effective when such instrument or instruments are delivered to the Trustee and the Servicer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” of the Certificateholders 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 Agreement and conclusive in favor of the Trustee and the Trust, if made in the manner provided in this Section 11.11.
Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent duly appointed in writing. Except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is expressly required, to the Depositor. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Agreement and conclusive in favor of the Trustee and the Depositor, if made in the manner provided in this Section 11.05.
Acts of Certificateholders. Except as otherwise specifically provided herein, whenever Certificateholder action, consent or approval is required under this Agreement, such action, consent or approval shall be deemed to have been taken or given on behalf of, and shall be binding upon, all Certificateholders if the Majority Certificateholders agree to take such action or give such consent or approval.
Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Agreement to be given or taken by the Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by agent duly appointed in writing, and such action shall become effective when such instrument or instruments are delivered to the Trustee and the Securities Administrator and, where expressly required under this Agreement, to the Master Servicer. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the “act” of the Certificateholders 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 Agreement and conclusive in favor of the Trustee, the Securities Administrator and the Master Servicer, if made in the manner provided in this Section 12.11.
Acts of Certificateholders a. Except as otherwise specifically provided herein, whenever Certificateholder approval, authorization, direction, notice, consent, waiver or other action is required hereunder, such approval, authorization, direction, notice, consent, waiver or other action shall be deemed to have been given or taken on behalf of, and shall be binding upon, all Certificateholders if agreed to by Holders of Certificates of the specified Class or Classes evidencing, as to each such Class, Percentage Interests aggregating 51% or more.
Acts of Certificateholders. EXHIBITS: Exhibit A-1 Form of Class A-1 Certificates Exhibit A-2 Form of Class A-2 Certificates Exhibit A-3 Form of Class A-3 Certificates Exhibit A-4 Form of Class A-4 Certificates Exhibit B-1 Form of Class M-1 Certificates Exhibit B-2 Form of Class M-2 Certificates Exhibit B-3 Form of Class M-3 Certificates Exhibit B-4 Form of Class M-4 Certificates Exhibit B-5 Form of Class M-5 Certificates Exhibit B-6 Form of Class M-6 Certificates Exhibit B-7 Form of Class M-7 Certificates Exhibit C-1 Form of Class CE Certificates Exhibit C-2 Form of Class P Certificates Exhibit C-3 Form of Class R Certificates Exhibit D-1 Group 1 Mortgage Loan Schedule Exhibit D-2 Group 2 Mortgage Loan Schedule Exhibit E Form of Request for Release Exhibit F-1 Form of Trustee's Initial Certification Exhibit F-2 Form of Trustee's Final Certification Exhibit F-3 Form of Receipt of Mortgage Note Exhibit G Mortgage Loan Purchase Agreement Exhibit H Form of Lost Note Affidavit Exhibit I Form of ERISA Representation Exhibit J-1 Form of Investment Letter (Non-Rule 144A) Exhibit J-2 Form of Rule 144A Investment Letter Exhibit K Form of Class R Certificate Transfer Affidavit Exhibit L Form of Transferor Certificate Exhibit M Monthly Information Provided by Master Servicer Exhibit N Form of Yield Maintenance Agreements Exhibit O Form of Certification Exhibit P-1 Form of Certification of the Trustee to be Provided to Depositor Exhibit P-2 Form of Certification of the Master Servicer to be Provided to Depositor ASSET BACKED FUNDING CORPORATION, as depositor (the "Depositor"), OPTION ONE MORTGAGE CORPORATION, as servicer (the "Master Servicer"), and WELLS FARGO BANK, N.A., as trustee (the "Trustee") are entering into thxx Xxoling and Servicing Agreement, dated as of October 1, 2004 (the "Agreement").
Acts of Certificateholders. 95 Section 12.04 [Reserved]....................................................................... 96 Section 12.05 Amendment........................................................................ 96 Section 12.06 Recordation of Agreement......................................................... 98 Section 12.07
Acts of Certificateholders. (a) Any direction, consent, waiver or other action provided by this Agreement in respect of the Certificates of any series to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by an agent or proxy 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 Trustee and, where it is hereby expressly required pursuant to this Agreement, to the Company or any Loan Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders 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 such Trust Supplement and conclusive in favor of the Trustee, the Company and the related Loan Trustee, if made in the manner provided in this Section.
Acts of Certificateholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Certificate Indenture to be given or taken by Certificateholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Certificateholders in person or by their agents duly appointed in writing; and except as herein otherwise expressly provided such request, demand, authorization, direction, notice, consent, waiver or other action shall become effective when such instrument or instruments are delivered to the Certificate Trustee, and, where it is hereby expressly required, to the Certificate Issuer and the Note Trustee. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Certificateholders 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 Certificate Indenture and (subject to Article VI) conclusive in favor of the Certificate Trustee, the Certificate Issuer and the Note Trustee, if made in the manner provided in this Section.
Acts of Certificateholders. XIII-1 13.02 Amendment.................................XIII-1 13.03 Recordation of Agreement..................XIII-2 13.04 Duration of Agreement.....................XIII-2 13.05 Governing Law.............................XIII-2 13.06 Notices...................................XIII-2 13.07 Severability of Provisions................XIII-3 13.08 No Partnership............................XIII-3 13.09 Counterparts..............................XIII-3 13.10 Successors and Assigns....................XIII-3 13.11 Headings..................................XIII-4 13.12 Paying Agent..............................XIII-4 13.13 Notification to Rating Agencies...........XIII-5 13.14 Third Party Rights........................XIII-5 EXHIBIT INDEX EXHIBIT A Contents of SBA File EXHIBIT B-1 Form of Class A Certificate EXHIBIT B-2 Form of Class B Certificate EXHIBIT C Principal and Interest Account Letter Agreement EXHIBIT D [Omitted] EXHIBIT E [Omitted] EXHIBIT E(1) Wiring Instructions Form EXHIBIT F-1 Initial Certification EXHIBIT F-2 Final Certification EXHIBIT G [Omitted] EXHIBIT H SBA Loan Schedule EXHIBIT I Request for Release of Documents EXHIBIT J Form of Liquidation Report EXHIBIT K Form of Delinquency Report EXHIBIT L Servicer's Monthly Computer Tape Format EXHIBIT M Multi-Party Agreement EXHIBIT N Spread Account Agreement Agreement dated as of August 31, 1997, among Marine Midland Bank, as trustee (the "Trustee"), The Money Store Inc., as Representative (the "Representative"), The Money Store Investment Corporation, as Seller (a "Seller") and as Servicer (the "Servicer"), and The Money Store of New York, Inc. (individually, a "Seller" and, together with The Money Store Investment Corporation, the "Sellers"):