Common use of Acceptance by Indenture Trustee Clause in Contracts

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect to each Transfer Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 11 contracts

Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (BBX Capital Corp), Indenture (BBX Capital Corp)

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Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the The Indenture Trustee does hereby re-acknowledge and accept re-confirm its acceptance of the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect Prior to each Transfer Funding Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan FilesFiles for all related Timeshare Loans to be conveyed on such Funding Date. On or prior to each Funding Date, and (ii) the Issuer will deliver or cause to be delivered to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent all related Timeshare Loan Loans or Qualified Substitute Timeshare Loan Loans to be conveyed on such Transfer Funding Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 6 contracts

Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (BBX Capital Corp), Indenture (Bluegreen Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause the Seller to be delivered deliver (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Qualified Substitute Timeshare Loan or Qualified Substitute Subsequent Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 4.01 and hereunder on behalf of with respect to the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 2 contracts

Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting included in the Trust EstateCollateral. The Indenture Trustee shall hold the Trust Estate Collateral in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate Collateral to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Originator to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, Servicer the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services service hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 2 contracts

Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementSubstitution Date, the Issuer will deliver or cause the Seller to be delivered deliver (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Substitution Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 4.01 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 2 contracts

Samples: Indenture (Diamond Resorts Parent, LLC), Indenture (Diamond Resorts Parent, LLC)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect Prior to each Transfer Funding Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan FilesFiles for all related Timeshare Loans to be conveyed on such Funding Date. On or prior to each Funding Date, and (ii) the Issuer will deliver or cause to be delivered to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent all related Timeshare Loan Loans or Qualified Substitute Timeshare Loan Loans to be conveyed on such Transfer Funding Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s 's right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 2 contracts

Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect to each Transfer Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; oror 27 (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 2 contracts

Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the The Indenture Trustee does hereby re-acknowledge and accept re-confirm its acceptance of the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect Prior to each Transfer Funding Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan FilesFiles for all related Timeshare Loans to be conveyed on such Funding Date. On or prior to each Funding Date, and (ii) the Issuer will deliver or cause to be delivered to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent all related Timeshare Loan Loans or Qualified Substitute Timeshare Loan Loans to be conveyed on such Transfer Funding Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; oror 20 (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 2 contracts

Samples: Omnibus Amendment (BBX Capital Corp), Omnibus Amendment (Bluegreen Vacations Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect to each Transfer Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor, the Servicer or the Backup Servicer; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Acceptance by Indenture Trustee. (a) a. Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting included in the Trust EstateCollateral. The Indenture Trustee shall hold the Trust Estate Collateral in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate Collateral to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Originator to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, Servicer the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Qualified Substitute Timeshare Loan or Qualified Substitute Subsequent Timeshare Loan to be conveyed on such Transfer Date. (b) b. The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) i. any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) . the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) . the Indenture Trustee’s 's right to receive compensation for its services service hereunder or with respect to any particular transaction; or (iv) . the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementSubstitution Date, the Issuer will deliver or cause the Seller to be delivered deliver (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Substitution Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 4.01 and hereunder on behalf of with respect to the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting included in the Trust EstateCollateral. The Indenture Trustee shall hold the Trust Estate Collateral in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate Collateral to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Originator to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, Servicer the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Qualified Substitute Timeshare Loan or Qualified Substitute and Subsequent Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services service hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of or any other assets or property.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause the Seller to be delivered deliver (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 4.01 and hereunder on behalf of with respect to the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect to each Transfer Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer the Closing Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 4.01 and hereunder on behalf of with respect to the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

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Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect to each Transfer Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with 27 the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Bluegreen Vacations Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s 's right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting included in the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Originator to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, Servicer the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Qualified Substitute Timeshare Loan or Qualified Substitute Subsequent Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services service hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s 's right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor to deliver (i) to the Custodian, the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Initial Timeshare Loan conveyed on the Closing Date. With respect to each Transfer Date and in accordance with the Custodial Agreement, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s 's right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the NoteholdersSecured Parties, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Seller to deliver (i) to the Custodian, Servicer the Timeshare Loan Files and (ii) to the Servicer, the Timeshare Loan Servicing Files, Texas Tax Lien Documents for each Initial Timeshare Loan Texas Tax Lien conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will shall deliver or cause the Seller or the Depositor, as applicable, to be delivered (i) deliver to the Custodian, Servicer the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, Texas Tax Lien Documents for each Subsequent Timeshare Loan Texas Tax Lien or Qualified Substitute Timeshare Loan Texas Tax Lien to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties hereunder and under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders other Transaction Documents to which it is a party in accordance with the terms of this Indenture and such other Transaction Documents and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligora Property Owner; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Encore Capital Group Inc)

Acceptance by Indenture Trustee. (a) Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting included in the Trust EstateCollateral. The Indenture Trustee shall hold the Trust Estate Collateral in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate Collateral to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Originator to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, Servicer the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Timeshare Loan or Qualified Substitute Timeshare Loan to be conveyed on such Transfer Date. (b) The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (ii) the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services service hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of or any other assets or property.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Acceptance by Indenture Trustee. (a) a. Concurrently with the execution and delivery of this Indenture, the Indenture Trustee does hereby acknowledge and accept the conveyance by the Issuer of the assets constituting included in the Trust Estate. The Indenture Trustee shall hold the Trust Estate in trust for the benefit of the Noteholders, subject to the terms and provisions hereof. In connection with the conveyance of the Trust Estate to the Indenture Trustee, the Issuer has delivered or has caused the Depositor Originator to deliver (i) to the Custodian, the Timeshare Loan Files Files, and (ii) to the Servicer, Servicer the Timeshare Loan Servicing Files, Files for each Initial Timeshare Loan conveyed on the Closing Date. With respect On or prior to each Transfer Date and in accordance with the Custodial AgreementDate, the Issuer will deliver or cause to be delivered (i) to the Custodian, the Timeshare Loan Files, and (ii) to the Servicer, the Timeshare Loan Servicing Files, for each Subsequent Qualified Substitute Timeshare Loan or Qualified Substitute Subsequent Timeshare Loan to be conveyed on such Transfer Date. (b) b. The Indenture Trustee shall perform its duties under this Section 4.1 and hereunder on behalf of the Trust Estate and for the benefit of the Noteholders in accordance with the terms of this Indenture and applicable law and, in each case, taking into account its other obligations hereunder, but without regard to: (i) i. any relationship that the Indenture Trustee or any Affiliate of the Indenture Trustee may have with an Obligor; (; ii) . the ownership of any Note by the Indenture Trustee or any Affiliate of the Indenture Trustee; (iii) the Indenture Trustee’s right to receive compensation for its services hereunder or with respect to any particular transaction; or (iv) the ownership, or holding in trust for others, by the Indenture Trustee of any other assets or property.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

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