Common use of Back to Contents Clause in Contracts

Back to Contents. The Trust Collateral Agent shall furnish written notification of the substance of any such amendment or consent (i) to the Rating Agencies prior to the execution of such amendment or consent and (ii) to each Noteholder promptly after the execution of such amendment or consent. It shall not be necessary for the purpose of obtaining the consent of the Controlling Party with respect to this Section for such Controlling Party to approve the particular form of any proposed amendment or consent, but it shall be sufficient if such consent shall approve the substance thereof. The manner of obtaining such consents (and any other consents of Noteholders provided for in this Agreement) and of evidencing the authorization of any action by the Controlling Party or the Noteholders shall be subject to such reasonable requirements as the Trustee or the Owner Trustee, as applicable, may prescribe. Prior to the execution of any amendment to this Agreement, the Owner Trustee and the Trustee, Trust Collateral Agent, Collateral Agent and Backup Servicer 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 this Agreement and the Opinion of Counsel referred to in Section 12.2(h)(1) has been delivered. The Owner Trustee, the Trust Collateral Agent, the Backup Servicer and the Trustee may, but shall not be obligated to, enter into any such amendment which affects the Issuer’s, the Owner Trustee’s, the Trust Collateral Agent’s, the Backup Servicer’s or the Trustee’s, as applicable, own rights, duties or immunities under this Agreement or otherwise.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Americredit Automobile Receivable Trust 2005-D-A)

Back to Contents. The Trust Collateral Agent Promptly after the execution of any such amendment or consent, the Owner Trustee shall furnish written notification of the substance of any such amendment or consent (i) to the Certificateholder, the Trustee and each of the Rating Agencies prior to the execution of such amendment or consent and (ii) to each Noteholder promptly after the execution of such amendment or consentAgencies. It shall not be necessary for the purpose of obtaining the consent of Certificateholder, the Controlling Party with respect Noteholders or the Trustee pursuant to this Section for such Controlling Party to approve the particular form of any proposed amendment or consent, but it shall be sufficient if such consent shall approve the substance thereof. The manner of obtaining such consents (and any other consents of Noteholders the Certificateholder provided for in this AgreementAgreement or in any other Basic Document) and of evidencing the authorization of any action the execution thereof by the Controlling Party or the Noteholders Certificateholder shall be subject to such reasonable requirements as the Owner Trustee or may prescribe. Promptly after the execution of any amendment to the Certificate of Trust, the Owner Trustee, as applicable, may prescribeTrustee shall cause the filing of such amendment with the Secretary of State. Prior to the execution of any amendment to this AgreementAgreement or the Certificate of Trust, the Owner Trustee and the Trustee, Trust Collateral Agent, Collateral Agent and Backup Servicer 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 this Agreement and that all conditions precedent to the Opinion execution and delivery of Counsel referred to in Section 12.2(h)(1) has such amendment have been deliveredsatisfied. The Owner Trustee, the Trust Collateral Agent, the Backup Servicer and the Trustee may, but shall not be obligated to, enter into any such amendment which affects the Issuer’s, the Owner Trustee’s, the Trust Collateral Agent’s, the Backup Servicer’s or the Trustee’s, as applicable, own rights, duties or immunities under this Agreement or otherwise.

Appears in 1 contract

Sources: Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)