Common use of Amendments to the Pooling and Servicing Agreement Clause in Contracts

Amendments to the Pooling and Servicing Agreement. By their acceptance of a Note, the Noteholders acknowledge that the Seller and the CARCO Trust Trustee may amend the Pooling and Servicing Agreement and any supplement thereto without the consent of the Holders of any Investor Certificates (including the Issuer) or any Noteholder, so long as such amendment or supplement would not materially adversely affect the interest of the Holders of any Investor Certificates and the Indenture Trustee shall have received written confirmation from each Note Rating Agency that such amendment will not have a Ratings Effect. For purposes of any vote or consent under the Pooling and Servicing Agreement or any supplement thereto: (i) that requires the consent or vote of each Investor Certificateholder, each Noteholder will be treated as an Investor Certificateholder under the Pooling and Servicing Agreement and any related supplement thereto; (ii) that requires the consent or vote of any series of Investor Certificates, each series of Notes will be treated as a series of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and (iii) that requires the consent or vote of any class of Investor Certificates, each class of Notes will be treated as a class of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto. By their acceptance of a Note, each Noteholder will be deemed to have consented to any amendment to the Pooling and Servicing Agreement, the Series 2002-CC Supplement, the Trust Agreement and any other document or agreement relating to any of the foregoing for the purpose of providing for the transfer of Receivables from DCWR (or any additional seller under the Pooling and Servicing Agreement) to a bankruptcy remote special purpose entity and from such entity to the CARCO Trust and the substitution of a bankruptcy remote special purpose entity as the beneficiary of the Issuer.

Appears in 3 contracts

Sources: Indenture (Daimlerchrysler Master Owner Trust), Indenture (Daimlerchrysler Wholesale Receivables LLC), Indenture (Carco Auto Loan Master Trust)

Amendments to the Pooling and Servicing Agreement. By their acceptance of a Note, the Noteholders acknowledge that the Seller and the CARCO Master Trust Trustee may amend the Pooling and Servicing Agreement and any supplement thereto without the consent of the Holders of any Investor Certificates (including the Issuer) or any Noteholder, so long as such amendment or supplement would not materially adversely affect the interest of the Holders of any Investor Certificates and the Indenture Trustee shall have received written confirmation from each Note Rating Agency that such amendment will not have a Ratings EffectCertificates. For purposes of any vote or consent under the Pooling and Servicing Agreement or any supplement thereto: (i) that requires the consent or vote of each Investor Certificateholder, each Noteholder will shall be treated as an Investor Certificateholder under the Pooling and Servicing Agreement and any related supplement thereto; (ii) that requires the consent or vote of any series of Investor Certificates, each series of Notes will shall be treated as a series of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and (iii) that requires the consent or vote of any class of Investor Certificates, each class of Notes will shall be treated as a class of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto. By their acceptance of a Note, each Noteholder will shall be deemed to have consented to any amendment to the Pooling and Servicing Agreement, the Series 20022004-CC MC Supplement, the Trust Agreement and any other document or agreement relating to any of the foregoing for the purpose of providing for the transfer of Receivables from DCWR the Transferor (or any additional seller under the Pooling and Servicing Agreement) to a bankruptcy remote special purpose entity and from such entity to the CARCO Master Trust and the substitution of a bankruptcy remote special purpose entity as the beneficiary Administrator of the Issuer.

Appears in 2 contracts

Sources: Indenture (Mellon Bank Premium Finance Loan Master Trust), Indenture (Mellon Premium Finance Loan Owner Trust)

Amendments to the Pooling and Servicing Agreement. By their acceptance of a Note, the Noteholders acknowledge that the Seller and the CARCO Trust Trustee may amend the Pooling and Servicing Agreement and any supplement thereto without the consent of the Holders of any Investor Certificates (including the Issuer) or any Noteholder, so long as such amendment or supplement would not materially adversely affect the interest of the Holders of any Investor Certificates and the Indenture Trustee shall have received written confirmation from each Note Rating Agency that such amendment will not have a Ratings EffectCertificates. For purposes of any vote or consent under the Pooling and Servicing Agreement or any supplement thereto: (i) that requires the consent or vote of each Investor Certificateholder, each Noteholder will be treated as an Investor Certificateholder under the Pooling and Servicing Agreement and any related supplement thereto; (ii) that requires the consent or vote of any series of Investor Certificates, each series of Notes will be treated as a series of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and (iii) that requires the consent or vote of any class of Investor Certificates, each class of Notes will be treated as a class of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto. By their acceptance of a Note, each Noteholder will be deemed to have consented to any amendment to the Pooling and Servicing Agreement, the Series 2002-CC Supplement, the Trust Agreement and any other document or agreement relating to any of the foregoing for the purpose of providing for the transfer of Receivables from DCWR (or any additional seller under the Pooling and Servicing Agreement) to a bankruptcy remote special purpose entity and from such entity to the CARCO Trust and the substitution of a bankruptcy remote special purpose entity as the beneficiary of the Issuer.

Appears in 1 contract

Sources: Indenture (Daimlerchrysler Wholesale Receivables LLC)

Amendments to the Pooling and Servicing Agreement. By their acceptance of a Note, the Noteholders acknowledge that the Seller and the CARCO Master Trust Trustee may amend the Pooling and Servicing Agreement and any supplement thereto without the consent of the Holders of any Investor Certificates (including the Issuer) or any Noteholder, so long as such amendment or supplement would not materially adversely affect the interest of the Holders of any Investor Certificates and the Indenture Trustee shall have received written confirmation from each Note Rating Agency that such amendment will not have a Ratings EffectCertificates. For purposes of any vote or consent under the Pooling and Servicing Agreement or any supplement thereto: (i) that requires the consent or vote of each Investor Certificateholder, each Noteholder will be treated as an Investor Certificateholder under the Pooling and Servicing Agreement and any related supplement thereto; (ii) that requires the consent or vote of any series of Investor Certificates, each series of Notes will be treated as a series of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and; (iii) that requires the consent or vote of any class of Investor Certificates, each class tranche of Notes will be treated as a class of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto. , and By their acceptance of a Note, each Noteholder will be deemed to have consented to any amendment to the Pooling and Servicing Agreement, the Series 20022001-CC D Supplement, the Trust Agreement and any other document or agreement relating to any of the foregoing for the purpose of providing for the transfer of Receivables from DCWR FIA (or any additional seller under the Pooling and Servicing Agreement) to a bankruptcy remote special purpose entity and from such entity to the CARCO Master Trust and the substitution of a bankruptcy remote special purpose entity as the beneficiary of the Issuer.

Appears in 1 contract

Sources: Indenture (BA Credit Card Trust)

Amendments to the Pooling and Servicing Agreement. By their its acceptance of a Note, the Noteholders acknowledge each Noteholder acknowledges that the Seller and the CARCO Master Trust Trustee may amend the Pooling and Servicing Agreement and any supplement thereto without the consent of the Holders of any Investor Certificates (including the Issuer) or any Noteholder, so long as such amendment or supplement would not materially adversely affect the interest interests of the Holders of any Investor Certificates and the Indenture Trustee shall have received written confirmation from each Note Rating Agency that such amendment will not have a Ratings Effector any Noteholder. For purposes of any vote or consent under the Pooling and Servicing Agreement or any supplement thereto: (i) that requires the consent or vote of each Investor Certificateholder, each Noteholder will be treated as an Investor Certificateholder under the Pooling and Servicing Agreement and any related supplement thereto; (ii) that requires the consent or vote of any series of Investor Certificates, each series of Notes will be treated as a series of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and; (iii) that requires the consent or vote of any class of Investor Certificates, each class or tranche of Notes will be treated as a class of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and (iv) Noteholders deemed Investor Certificateholders pursuant to this Section 1007 are deemed to hold an unpaid principal amount of such Investor Certificates equal to the Nominal Liquidation Amount of the corresponding Notes. By their acceptance of a Note, each Noteholder will be deemed to have consented to any amendment to the Pooling and Servicing Agreement, the Series 20022005-CC Supplement, the Trust Agreement and any other document or agreement relating to any of the foregoing for the purpose of providing for the transfer of Receivables from DCWR National City (or any additional seller under the Pooling and Servicing Agreement) to a bankruptcy remote special purpose entity and from such entity to the CARCO Master Trust and the substitution of a bankruptcy remote special purpose entity as the beneficiary of the Issuer.

Appears in 1 contract

Sources: Indenture (National City Bank /)

Amendments to the Pooling and Servicing Agreement. By their its acceptance of a Note, the Noteholders acknowledge each Noteholder acknowledges that the Seller and the CARCO Master Trust Trustee may amend the Pooling and Servicing Agreement and any supplement thereto without the consent of the Holders of any Investor Certificates (including the Issuer) or any Noteholder, so long as such amendment or supplement would not materially adversely affect the interest interests of the Holders of any Investor Certificates and the Indenture Trustee shall have received written confirmation from each Note Rating Agency that such amendment will not have a Ratings Effector any Noteholder. For purposes of any vote or consent under the Pooling and Servicing Agreement or any supplement thereto: (i) that requires the consent or vote of each Investor Certificateholder, each Noteholder will be treated as an Investor Certificateholder under the Pooling and Servicing Agreement and any related supplement thereto; (ii) that requires the consent or vote of any series of Investor Certificates, each series of Notes will be treated as a series of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and; (iii) that requires the consent or vote of any class of Investor Certificates, each class tranche of Notes will be treated as a class of Investor Certificates under the Pooling and Servicing Agreement and any related supplement thereto; and (iv) Noteholders deemed Investor Certificateholders pursuant to this Section 1007 are deemed to hold an unpaid principal amount of such Investor Certificates equal to the Nominal Liquidation Amount of the corresponding Notes. By their acceptance of a Note, each Noteholder will be deemed to have consented to any amendment to the Pooling and Servicing Agreement, the Series 20022005-CC Supplement, the Trust Agreement and any other document or agreement relating to any of the foregoing for the purpose of providing for the transfer of Receivables from DCWR National City (or any additional seller under the Pooling and Servicing Agreement) to a bankruptcy remote special purpose entity and from such entity to the CARCO Master Trust and the substitution of a bankruptcy remote special purpose entity as the beneficiary of the Issuer.

Appears in 1 contract

Sources: Indenture (National City Credit Card Master Trust)