Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 25% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants"), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.
Appears in 21 contracts
Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Class A Insurer and or the SellerBackup Insurer, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Class A Insurer or the SellerBackup Insurer in writing, a list, in such form as the Servicer, the Class A Insurer or the Seller Backup Insurer may reasonably require, of the names and addresses of the Class A Noteholders as of the most recent Record Date. If three or more Class A Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Class A Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Class A Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Class A Noteholders access during normal business hours, hours to the current list of Class A Noteholders. Each NoteholderHolder, by receiving and holding a Class A Note, agrees with the Servicer, the Seller and the Indenture Trustee that shall be deemed to have agreed to hold none of the Servicer, the Seller or Class A Insurer, the Backup Insurer nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.
Appears in 3 contracts
Samples: Indenture (Credit Acceptance Corporation), Indenture (Credit Acceptance Corporation), Indenture (Credit Acceptance Corporation)
Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, Servicer or the Insurer and the SellerClass A Insurer, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer Servicer or the SellerClass A Insurer in writing, a list, in such form as the Servicer, the Servicer or Class A Insurer or the Seller may reasonably require, of the names and addresses of the Class A Noteholders as of the most recent Record Date. If three or more Class A Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Class A Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Class A Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Class A Noteholders access during normal business hours, hours to the current list of Class A Noteholders. Each NoteholderHolder, by receiving and holding a Class A Note, agrees with the Servicer, the Seller and the Indenture Trustee that shall be deemed to have agreed to hold none of the Servicer, the Seller or Class A Insurer nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.
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Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 25% of the -52- 57 aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants"), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.
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Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 25% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "“Applicants"”), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.
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Samples: Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-B)
Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Subservicer, the Master Servicer, the Back-up Servicer or the Note Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Subservicer, the Master Servicer, the Insurer Back- up Servicer or the SellerNote Insurer in writing, a list, in such form as the Subservicer, the Master Servicer, the Insurer Back-up Servicer or the Seller Note Insurer may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Noteholders access during normal business hours, hours to the current list of Noteholders. Each NoteholderHolder, by receiving and holding a Note, agrees with shall be deemed to have agreed to hold none of the Subservicer, the Master Servicer, the Seller and Back-up Servicer, the Note Insurer nor the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.
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Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, Servicer or the Insurer and the SellerClass A Insurer, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer Servicer or the SellerClass A Insurer in writing, a list, in such form as the Servicer, the Insurer Servicer or the Seller Class A Insurer may reasonably require, of the names and addresses of the Class A Noteholders as of the most recent Record Date. If three or more Class A Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Class A Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Class A Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Class A Noteholders access during normal business hours, hours to the current list of Class A Noteholders. Each NoteholderHolder, by receiving and holding a Class A Note, agrees with shall be deemed to have agreed to hold neither the Servicer, the Seller and Class A Insurer nor the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.
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