Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI and the Series 2013-1A SUBI Portfolio, may be amended in accordance with this Section 12.1. (b) Any provision of the Trust Agreement other than any provision included in this Series 2013-1A SUBI Supplement, may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees. (c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby). (d) Prior to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 2 contracts
Sources: Subi Supplement to Trust Agreement (GE Equipment Midticket LLC, Series 2013-1), Subi Supplement to Trust Agreement (GE Equipment Midticket LLC, Series 2013-1)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this ACOLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI SN1 and the Series 2013-1A SUBI SN1 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this ACOLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this ACOLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder ACOLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior ACOL LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and ACOLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the ACOLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust and the Series 2013-SN1 Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this ACOLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the ACOLT Certificateholder (if the ACOLT Certificateholder is materially adversely affected thereby).
Appears in 2 contracts
Sources: Supplement to Declaration of Trust (Ally Auto Receivables Trust 2013-Sn1), Supplement to Declaration of Trust (Ally Auto Receivables Trust 2013-Sn1)
Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 20132014-1A SUBI Supplement, to the extent that it deals solely with the Series 20132014-1A SUBI and the Series 20132014-1A SUBI Portfolio, may be amended in accordance with this Section 12.1.
(b) Any provision of the Trust Agreement other than any provision included in this Series 20132014-1A SUBI Supplement, may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 20132014-1A SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 20132014-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 20132014-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 20132014-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior to the execution of any amendment to the Trust Agreement or this Series 20132014-1A SUBI Supplement, the holder of the Series 20132014-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 20132014-1A SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 2 contracts
Sources: Trust Agreement (GE TF Trust), Trust Agreement (GE Equipment Midticket LLC, Series 2014-1)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this ACOLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 20132014-1A SUBI SN1 and the Series 20132014-1A SUBI SN1 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this ACOLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this ACOLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder ACOLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior ACOL LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and ACOLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the ACOLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust and the Series 2014-SN1 Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this ACOLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the ACOLT Certificateholder (if the ACOLT Certificateholder is materially adversely affected thereby).
Appears in 2 contracts
Sources: Supplement to Declaration of Trust (Ally Auto Assets LLC), Supplement to Declaration of Trust (Ally Auto Assets LLC)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this ACOLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 20132014-1A SUBI SN2 and the Series 20132014-1A SUBI SN2 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this ACOLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this ACOLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder ACOLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior ACOL LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and ACOLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the ACOLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust and the Series 2014-SN2 Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this ACOLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the ACOLT Certificateholder (if the ACOLT Certificateholder is materially adversely affected thereby).
Appears in 2 contracts
Sources: Supplement to Declaration of Trust (Ally Auto Assets LLC), Supplement to Declaration of Trust (Ally Auto Assets LLC)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this ACOLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 20132015-1A SUBI SN1 and the Series 20132015-1A SUBI SN1 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this ACOLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this ACOLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder ACOLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior ACOL LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and ACOLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the ACOLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust and the Series 2015-SN1 Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this ACOLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the ACOLT Certificateholder (if the ACOLT Certificateholder is materially adversely affected thereby).
Appears in 2 contracts
Sources: Supplement to Declaration of Trust (Ally Auto Assets LLC), Supplement to Declaration of Trust (Ally Auto Assets LLC)
Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 20132015-1A 1 SUBI Supplement, to the extent that it deals solely with the Series 20132015-1A 1 SUBI and the Series 20132015-1A 1 SUBI Portfolio, may be amended in accordance with this Section 12.1.
(b) Any provision of the Trust Agreement other than any provision included in this Series 20132015-1A 1 SUBI Supplement, may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 20132015-1A 1 SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 20132015-1A 1 SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 20132015-1A 1 SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 20132015-1A 1 SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior to the execution of any amendment to the Trust Agreement or this Series 20132015-1A 1 SUBI Supplement, the holder of the Series 20132015-1A 1 SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 20132015-1A 1 SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 2 contracts
Sources: Subi Supplement to Trust Agreement (GE TF Trust), Subi Supplement to Trust Agreement (GE TF Trust)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this ACOLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 20132012-1A SUBI SN1 and the Series 20132012-1A SUBI SN1 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this ACOLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this ACOLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder ACOLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior ACOL LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and ACOLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the ACOLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust and the Series 2012-SN1 Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this ACOLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the ACOLT Certificateholder (if the ACOLT Certificateholder is materially adversely affected thereby).
Appears in 2 contracts
Sources: Supplement to Declaration of Trust (Ally Auto Receivables Trust 2012-Sn1), Supplement to Declaration of Trust (Ally Auto Receivables Trust 2012-Sn1)
Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 20132014-1A 1 SUBI Supplement, to the extent that it deals solely with the Series 20132014-1A 1 SUBI and the Series 20132014-1A 1 SUBI Portfolio, may be amended in accordance with this Section 12.1.
(b) Any provision of the Trust Agreement other than any provision included in this Series 20132014-1A 1 SUBI Supplement, may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 20132014-1A 1 SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 20132014-1A 1 SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 20132014-1A 1 SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 20132014-1A 1 SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior to the execution of any amendment to the Trust Agreement or this Series 20132014-1A 1 SUBI Supplement, the holder of the Series 20132014-1A 1 SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 20132014-1A 1 SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 2 contracts
Sources: Trust Agreement (GE Equipment Transportation LLC, Series 2014-1), Trust Agreement (GE Equipment Transportation LLC, Series 2014-1)
Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 2013-1A 2 SUBI Supplement, to the extent that it deals solely with the Series 2013-1A 2 SUBI and the Series 2013-1A 2 SUBI Portfolio, may be amended in accordance with this Section 12.1.
(b) Any provision of the Trust Agreement other than any provision included in this Series 2013-1A 2 SUBI Supplement, may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A 2 SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 2013-1A 2 SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A 2 SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A 2 SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior to the execution of any amendment to the Trust Agreement or this Series 2013-1A 2 SUBI Supplement, the holder of the Series 2013-1A 2 SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A 2 SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 2 contracts
Sources: Trust Agreement (GE Equipment Transportation LLC, Series 2013-2), Trust Agreement (GE Equipment Transportation LLC, Series 2013-2)
Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 2013-1A 1 SUBI Supplement, to the extent that it deals solely with the Series 2013-1A 1 SUBI and the Series 2013-1A 1 SUBI Portfolio, may be amended in accordance with this Section 12.1.
(b) Any provision of the Trust Agreement other than any provision included in this Series 2013-1A 1 SUBI Supplement, may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A 1 SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 2013-1A 1 SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A 1 SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A 1 SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior to the execution of any amendment to the Trust Agreement or this Series 2013-1A 1 SUBI Supplement, the holder of the Series 2013-1A 1 SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A 1 SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 2 contracts
Sources: Subi Supplement to Trust Agreement (GE Equipment Transportation LLC, Series 2013-1), Subi Supplement to Trust Agreement (GE Equipment Transportation LLC, Series 2013-1)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this COLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013200_ -1A SUBI _ and the Series 2013200_ -1A SUBI _ Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in (but not this Series 2013200_ -1A SUBI _ Supplement), may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for the purpose of adding inconsistent with any provisions to or changing in any manner or eliminating any other provision of the provisions in the Declaration of Trust Agreement or of modifying in this COLT Series Supplement or (iii) to add, change or eliminate any manner the rights other provision of the parties heretoDeclaration of Trust; provided provided, however, that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, not adversely affect in any material respect the interests of the holder any COLT 200_ -_ Secured Noteholder; and provided, further, that an Opinion of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may Counsel shall be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior furnished to the execution of any amendment COLT Owner Trustee or its designated agent to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating effect that the execution of (i) such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that Section 11.1(b), (ii) all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (iii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) With prior notice to each Rating Agency, the Declaration of Trust may be amended from time to time for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this Series 200 - Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the COLT 200 - Secured Noteholders and the COLT Owner Trustee (if materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement to Declaration of Trust (Central Originating Lease Trust)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this COLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 20132005-1A SUBI SN1 and the Series 20132005-1A SUBI SN1 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this COLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this COLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any COLT 2005-SN1 Secured Noteholder or the holder COLT 2005-SN1 Certificateholder; provided, however, that an Opinion of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may Counsel shall be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior furnished to the execution of any amendment COLT Owner Trustee or its designated agent to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating effect that the execution of (i) such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that Section 11.1(b), (ii) all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (iii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) With prior notice to each Rating Agency, the Declaration of Trust may be amended from time to time for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this COLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the COLT 2005-SN1 Secured Noteholders, the COLT 2005-SN1 Certificateholder and the COLT Owner Trustee (if materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement to Declaration of Trust (Capital Auto Receivables Asset Trust 2005-Sn1)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this COLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI 20 -SN and the Series 2013-1A SUBI 20 -SN Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this COLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this COLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any COLT 20 -SN Secured Noteholder or the holder COLT 20 -SN Certificateholder; provided, however, that an Opinion of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may Counsel shall be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior furnished to the execution of any amendment COLT Owner Trustee or its designated agent to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating effect that the execution of (i) such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that Section 11.1(b), (ii) all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (iii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of COLT and (B) cause COLT to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this COLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the COLT 20 -SN Secured Noteholders (if the COLT 20 -SN Secured Noteholders are materially adversely affected thereby) or the COLT 20 -SN Certificateholders (if the COLT 20 -SN Certificateholders are materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement Declaration of Trust (Central Originating Lease Trust)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this COLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI 200_-_ and the Series 2013-1A SUBI 200_-_ Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this COLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this COLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any COLT 200_-_ Secured Noteholder or the holder COLT 200_-_ Certificateholder; provided, however, that an Opinion of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may Counsel shall be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior furnished to the execution of any amendment COLT Owner Trustee or its designated agent to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating effect that the execution of (i) such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that Section 11.1(b), (ii) all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (iii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) With prior notice to each Rating Agency, the Declaration of Trust may be amended from time to time for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this COLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the COLT 200_-_ Secured Noteholders, the COLT 200_-_ Certificateholder and the COLT Owner Trustee (if materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement to Declaration of Trust (Central Originating Lease Trust)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this AFLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI 20 -SN and the Series 2013-1A SUBI 20 -SN Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this AFLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this AFLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder AFLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior COL II LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and AFLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the AFLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes .
(c) The Declaration of Trust and the Series 20 -SN Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this AFLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the AFLT Certificateholders (if the AFLT Certificateholders are materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement to Declaration of Trust (Capital Auto Receivables LLC)
Amendment, Etc. (a) Notwithstanding Section 9.1 of the Trust Agreement, the Trust Agreement, as supplemented by this Series 2013-1A Purchased SUBI Supplement, to the extent that it deals solely with the Series 2013-1A Purchased SUBI and the Series 2013-1A Purchased SUBI Portfolio, may be amended in accordance with this Section 12.1.
(b) Any provision of the The Trust Agreement other than any provision included in (but not this Series 2013-1A Purchased SUBI Supplement), may be amended by the parties hereto, without the consent of any other Person, to cure any ambiguity or defect, to correct or supplement any provisions in the Trust Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in the Trust Agreement or of modifying in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A Purchased SUBI Certificate and the Trustees, adversely affect the interests of the holder of the Series 2013-1A Purchased SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of Agreement or this Series 2013-1A Purchased SUBI Supplement, Supplement may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A Purchased SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior to the execution of any amendment to the Trust Agreement or this Series 2013-1A Purchased SUBI Supplement, the holder of the Series 2013-1A Purchased SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A Purchased SUBI Supplement and that all conditions precedent to the execution and delivery of such amendment have been satisfied.
Appears in 1 contract
Sources: Subi Supplement to Trust Agreement (Cef Equipment Holding LLC)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this ACOLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI 20 -SN and the Series 2013-1A SUBI 20 -SN Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this ACOLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this ACOLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any Secured Noteholder or the holder ACOLT Certificateholder; provided, however, that (1) an officer of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior ACOL LLC shall certify to the execution of any amendment to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating that the execution of such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and ACOLT Owner Trustee that all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (2) an Opinion of Counsel shall be furnished to the ACOLT Owner Trustee or its designated agent to the effect that (i) such amendment is authorized or permitted by this Section 11.1(b), and (ii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust and the Series 20 -SN Portfolio, may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this ACOLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the Secured Noteholders (if the Secured Noteholders are materially adversely affected thereby) or the ACOLT Certificateholders (if the ACOLT Certificateholders are materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement to Declaration of Trust (Ally Central Originating Lease Trust)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this COLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 20132007-1A SUBI SN1 and the Series 20132007-1A SUBI SN1 Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this COLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this COLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any COLT 2007-SN1 Secured Noteholder or the holder COLT 2007-SN1 Certificateholder; provided, however, that an Opinion of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may Counsel shall be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior furnished to the execution of any amendment COLT Owner Trustee or its designated agent to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating effect that the execution of (i) such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that Section 11.1(b), (ii) all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (iii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of the Trust and (B) cause the Trust to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust may be amended from time to time, with prior notice to each Rating Agency (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this COLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the COLT 2007-SN1 Secured Noteholders (if the COLT 2007-SN1 Secured Noteholders are materially adversely affected thereby) or the COLT 2007-SN1 Certificateholders (if the COLT 2007-SN1 Certificateholders are materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement to Declaration of Trust (Capital Auto Receivables Asset Trust 2007-Sn1)
Amendment, Etc. (a) Notwithstanding Section 9.1 8.4 of the Trust AgreementDeclaration of Trust, the Trust AgreementDeclaration of Trust, as supplemented by this COLT Series 2013-1A SUBI Supplement, to the extent that it deals solely with the Series 2013-1A SUBI 20 -SN and the Series 2013-1A SUBI 20 -SN Portfolio, may be amended in accordance with this Section 12.111.1.
(b) Any provision The Declaration of the Trust Agreement other than any provision included in and this COLT Series 2013-1A SUBI Supplement, Supplement may be amended by the parties hereto, without the consent of any other Person, (i) to cure any ambiguity or defect, (ii) to correct or supplement any provisions provision in the Declaration of Trust Agreement that may be defective or for inconsistent with any other provision of the purpose Declaration of adding Trust or this COLT Series Supplement or (iii) to add, change or eliminate any provisions to or changing other provision of the Declaration of Trust in any manner or eliminating any of the provisions in the Trust Agreement or of modifying that shall not adversely affect in any manner the rights of the parties hereto; provided that such action shall not, as evidenced by an opinion of counsel delivered to the holder of the Series 2013-1A SUBI Certificate and the Trustees, adversely affect material respect the interests of any COLT 20 -SN Secured Noteholder or the holder COLT 20 -SN Certificateholder; provided, however, that an Opinion of the Series 2013-1A SUBI Certificate, any of such holder’s pledgees or any of the Trustees.
(c) The Trust Agreement, including the provisions of this Series 2013-1A SUBI Supplement, may Counsel shall be amended in any respect from time to time with the consent of each of the holder of the Series 2013-1A SUBI Certificate and each of the Trustees (if adversely affected thereby).
(d) Prior furnished to the execution of any amendment COLT Owner Trustee or its designated agent to the Trust Agreement or this Series 2013-1A SUBI Supplement, the holder of the Series 2013-1A SUBI Certificate and the Trustees shall be entitled to receive and conclusively rely upon an opinion of counsel stating effect that the execution of (i) such amendment is authorized or permitted by the Trust Agreement or this Series 2013-1A SUBI Supplement and that Section 11.1(b), (ii) all conditions precedent precedent, if any, to the execution and delivery of such amendment have been satisfiedsatisfied in all material respects and (iii) the execution and delivery of such amendment will not (A) materially adversely affect the federal or any applicable state income or franchise taxation of any outstanding Secured Notes, Certificates or of COLT and (B) cause COLT to be taxable as a corporation for federal or any applicable state income or franchise tax purposes.
(c) The Declaration of Trust may be amended from time to time, with prior notice to each Rating Agency by COLT, LLC (if any Rated Notes are outstanding), for any reason not specified in Section 11.1(b) or Section 8.4 of the Declaration of Trust, by the parties thereto, and this COLT Series Supplement may be amended in any respect from time to time, by the parties hereto, in each case with the consent of the COLT 20 -SN Secured Noteholders (if the COLT 20 -SN Secured Noteholders are materially adversely affected thereby) or the COLT 20 -SN Certificateholders (if the COLT 20 -SN Certificateholders are materially adversely affected thereby).
Appears in 1 contract
Sources: Supplement Declaration of Trust (Central Originating Lease Trust)