Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 97 contracts
Samples: Indenture (CarMax Auto Owner Trust 2024-3), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-2)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default an Event of Default specified in Section 5.01(i) has occurred and is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, continuing or (ii) default an Event of Default specified in Section 5.01(ii) has occurred and is made in the payment of the principal of any Note when the same becomes due and payablecontinuing, the Issuer shallIssuing Entity will, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the Notes and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 57 contracts
Samples: Indenture (World Omni Auto Receivables Trust 2019-C), Indenture (World Omni Auto Receivables Trust 2019-C), Indenture (World Omni Auto Receivables LLC)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default an Event of Default specified in Section 5.01(a)(i) has occurred and is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, continuing or (ii) default an Event of Default specified in Section 5.01(a)(ii) has occurred and is made in the payment of the principal of any Note when the same becomes due and payablecontinuing, the Issuer shallIssuing Entity will, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the Notes and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 43 contracts
Samples: Indenture (World Omni Select Auto Trust 2024-A), Indenture (World Omni Select Auto Trust 2024-A), Indenture (World Omni Auto Receivables Trust 2024-B)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) there is a default is made in relating to the payment of any interest on any Note of the Controlling Class when the same becomes due and payable, and such default continues for a period of five (5) Business Days, days or (ii) default is made an Event of Default occurs in the payment of the principal of or any installment of the principal of any Note when on the same becomes due and payablerelated Final Scheduled Payment Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the such Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 19 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2017-A), Indenture (Mercedes-Benz Auto Lease Trust 2017-A), Indenture (Mercedes-Benz Auto Lease Trust 2016-B)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default there is made in an Event of Default relating to the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the such Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the related Notes and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 19 contracts
Samples: Indenture (Chrysler Financial Auto Securitization Trust 2010-A), Indenture (Daimlerchrysler Auto Trust 2008-B), Indenture (Chrysler Financial Auto Securitization Trust 2009-A)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) three Business Days, or (ii) default is made in the payment of the principal on the related Final Maturity Date of any Note a Class of Notes when the same becomes due and payablepayable in accordance with Section 2.07(b), the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate specified in Section 2.07 and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 15 contracts
Samples: www.capitaliq.spglobal.com, www.snl.com, www.snl.com
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee and at the direction of the Note Insurer, pay to the Indenture Trustee, for the benefit of the Holders Owners of the NotesNotes and the Note Insurer, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its the Note Insurer and their respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 14 contracts
Samples: Indenture (First Alliance Mortgage Loan Trust 1998-2), Indenture (Imc Home Equity Loan Owner Trust 1998-7), Indenture (Imc Home Equity Loan Owner Trust 1998-4)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) default is made in the payment The Issuing Entity covenants that if an Event of any interest on any Note when the same becomes due and payable, Default occurs and such default continues for a period Event of five Default has not been waived pursuant to Section 5.12 (5) Business Days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payablerescinded pursuant to Section 5.2(b)), the Issuer Issuing Entity shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the ratable benefit of the Holders of the NotesNoteholders in accordance with their respective outstanding principal amounts, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal principal, at the applicable Note Rate rate borne by the Notes and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 13 contracts
Samples: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note Note, so long as any amounts remain unpaid with respect to the Notes, when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 13 contracts
Samples: Indenture (Nissan Auto Receivables 2011-a Owner Trust), Indenture (Nissan Auto Receivables 2011-a Owner Trust), Indenture (Nissan Auto Receivables 2010-a Owner Trust)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) a default is made in the payment of (i) any interest on any Note of the Controlling Class when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of any Note when on the same becomes due and payablerelated Final Scheduled Distribution Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders, the entire amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.76.07.
Appears in 11 contracts
Samples: Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (WDS Receivables LLC), Indenture (Wachovia Auto Owner Trust 2008-A)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) there is a default is made in relating to the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, days or (ii) default is made an Event of Default occurs in the payment of the principal of or any installment of the principal of any Note when on the same becomes due and payablerelated Final Scheduled Payment Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the such Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 10 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-A), Indenture (Mercedes-Benz Auto Lease Trust 2021-A), Indenture (Mercedes-Benz Auto Lease Trust 2020-B)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Interest Rate borne by the Notes, and in addition thereto will pay such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 7 contracts
Samples: Caterpillar Financial Funding Corp, Caterpillar Financial Funding Corp, Metlife Capital Equipment Loan Trusts
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) a default is made in the payment of any interest on any Note of the Controlling Class when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) a default is made in the payment of the principal of or any installment of the principal of any Note when on the same becomes due and payablerelated Final Scheduled Payment Date, the Issuer shallwill, upon demand of the Indenture TrusteeNoteholders representing not less than 51% of the Note Balance of the Controlling Class, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNoteholders, the entire amount then due and payable on the such Notes for in respect of principal and interest, with interest upon on the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, expenses and disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 7 contracts
Samples: California Republic (California Republic Auto Receivables Trust 2017-1), Indenture (California Republic Auto Receivables Trust 2017-1), California Republic (California Republic Auto Receivables Trust 2016-2)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) The Issuer covenants that if there is a default is made in the payment of (i) any interest on any Note the Notes when the same becomes due and payable, and such default continues for a period of five (5) Business Days, days or (ii) default is made in the payment of the principal of any the Notes at the Note when Final Scheduled Payment Date or the same becomes due and payableRedemption Date, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notessuch Noteholders, the entire amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Overdue Interest Rate and in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents agents, attorneys and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 7 contracts
Samples: Vehicle Lease Trust (Financial Services Vehicle Trust), Vehicle Lease (Financial Services Vehicle Trust), Vehicle Lease (Financial Services Vehicle Trust)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallIssuing Entity will, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at a rate per annum equal to the applicable sum of (i) the respective Note Interest Rate borne by such Notes and (ii) 1.0% and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 6 contracts
Samples: Deere Owner Trust 2015 (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2013), John Deere Owner Trust 2015-B
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default an Event of Default specified in Section 5.1(a)(i) has occurred and is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, continuing or (ii) default an Event of Default specified in Section 5.1(a)(ii) has occurred and is made in the payment of the principal of any Note when the same becomes due and payablecontinuing, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of Secured Parties, as applicable, (1) the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate rate borne by the Notes, (2) any amounts due and payable by the Issuer under the Hedge Agreements, including any termination amounts and any other amounts owed thereunder, and, in addition thereto thereto, and (3) such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel counsel, and all other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 6 contracts
Samples: Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest Current Interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days[five] days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payablepayable on the applicable Maturity Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture TrusteeTrust Administrator, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the Notes and, in addition thereto thereto, pay to the Indenture Trustee such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 6 contracts
Samples: Indymac Abs Inc, Indenture (CWHEQ, Inc.), Indenture (CWMBS Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, Trustee [made at the direction of the Securities Insurer,] pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes [and the Securities Insurer], the whole amount then due and payable on the such Notes for principal and and/or interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee [and its the Securities Insurer] and their respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 5 contracts
Samples: Hsi Asset Securitization Corp, Indenture (Painewebber Mortgage Acceptance Corporation Iv), Hsi Asset Securitization Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents agents, attorneys and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 5 contracts
Samples: Ford Credit Auto Receivables Two L P, Ford Credit Auto Receivables Two L P, Ford Credit Auto Receivables Two L P
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default Default is made in the payment of any interest on any Note Note, so long as any amounts remain unpaid with respect to the Notes, when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payablepayable (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Class of Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 4 contracts
Samples: Indenture (Toyota Auto Finance Receivables LLC), Toyota Auto Receivables 2010-B Owner Trust, Toyota Auto Receivables 2010-B Owner Trust
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee and at the direction of the Securities Insurer, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes and the Securities Insurer, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its the Securities Insurer and their respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 4 contracts
Samples: Indenture (Firstplus Investment Corp), Firstplus Investment Corp, Equivantage Acceptance Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders and any Swap Counterparties, the whole amount then due and payable on the such Notes for principal and interest, interest with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Rate rate specified in Section 2.07 and all amounts due under any Swap Agreements and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee Trustee, any Swap Counterparties and its their respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 4 contracts
Samples: SMS Student Loan Trust 2000-B, Wells Fargo Student Loans Receivables I LLC, Asset Backed Securities Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 3 contracts
Samples: Toyota Motor Credit Corp, Ditech Funding Corp Home Loan Owner Trust 1997-1, Onyx Acceptance Financial Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee made at the direction of the Securities Insurer, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes and the Securities Insurer, the whole amount then due and payable on the such Notes for principal and and/or interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its the Securities Insurer and their respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 3 contracts
Samples: Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Empire Funding Home Loan Owner Trust 1998 3
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If Subject to the terms of the related Series Supplement, the Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, and such default continues for a period of five days, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7outside counsel.
Appears in 3 contracts
Samples: Indenture (Household Automotive Trust Iv Series 2000-1), Household Auto Receivables Corp, Household Automotive Trust v Series 2000 2
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer Issuing Entity shall, upon demand of the Indenture Trustee, acting at the direction of the Holders of a majority of the aggregate Note Principal Balances of the Notes, pay to the Indenture TrusteeSecurities Administrator, for the benefit of the Holders of the Notes, the whole amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Interest Rate andupon the overdue principal, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 3 contracts
Samples: Indenture (Bear Stearns ARM Trust 2006-1), Indenture (Bear Stearns ARM Trust 2007-2), Indenture (Bear Stearns ARM Trust 2006-1)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) The Issuer covenants that if there is a default is made in the payment of (i) any interest on any Note the Notes when the same becomes due and payable, and such default continues for a period of five (5) Business Days, days or (ii) default is made in the payment of the principal of any Notes at the related Note when Final Scheduled Payment Date or the same becomes due and payableRedemption Date, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notessuch Noteholders, the entire amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Overdue Interest Rate and in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents agents, attorneys and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 3 contracts
Samples: Indenture (Nissan Auto Lease Trust 2004-A), Nissan Auto Leasing LLC Ii, Nissan Auto Lease Trust 2003-A
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 2 contracts
Samples: Indenture (Mmca Auto Receivables Inc), Mmca Auto Receivables Inc
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i1) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of thirty-five (535) Business Days, days following the date on which it became due and payable or (ii2) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, immediately pay to the Indenture Trustee, Trustee for the benefit of the Holders of Noteholders the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at that payments of such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7outside counsel.
Appears in 2 contracts
Samples: Master Indenture (Compucredit Corp), Master Indenture (Compucredit Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of 21 (Nissan 2013-C Indenture) five (5) Business Daysdays, or (ii) default is made in the payment of the principal of any Note when at the same becomes due and payablerelated Final Scheduled Distribution Date or Redemption Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Nissan Auto Receivables 2013-C Owner Trust, Nissan Auto Receivables 2013-C Owner Trust
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section Section 6.7.
Appears in 2 contracts
Samples: Indenture (CarMax Auto Owner Trust 2012-2), Indenture (CarMax Auto Owner Trust 2012-1)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) The Issuer covenants that if a default is made in the payment of (i) any interest on any Note of the Controlling Class when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment principal of or any installment of the principal of any Note when the same becomes due and payableon its Final Scheduled Payment Date, the Issuer shallwill, upon demand of the Indenture TrusteeNoteholders representing not less than 51% of the Note Balance of the Controlling Class, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNoteholders, the entire amount then due and payable on the such Notes for in respect of principal and interest, with interest upon on the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, expenses and disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2018-1)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note of the Controlling Class when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the Notes and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of 21 (Nissan 2014-A Indenture) five (5) Business Daysdays, or (ii) default is made in the payment of the principal of any Note when at the same becomes due and payablerelated Final Scheduled Distribution Date or Redemption Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Nissan Auto Receivables 2014-a Owner Trust, Nissan Auto Receivables 2014-a Owner Trust
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, 5 days following the date on which such interest became due and payable or (ii) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid, when the same becomes due and payablepayable on its Final Maturity Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNotes of the affected Series, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be is legally enforceable, interest upon overdue installments of interest interest, at the applicable Note Interest Rate borne by the Notes of such Series, and in addition thereto will pay such further amount as shall be is sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Indenture (Nissan Wholesale Receivables Corp Ii), Nissan Wholesale Receivables Corp Ii
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest Accrued Note Interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payablepayable on the applicable Maturity Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by such Notes and, in addition thereto thereto, pay to the Indenture Trustee such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Indenture (Homebanc Corp), Indenture (HMB Acceptance Corp.)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default Default is made in the payment of any interest on any Note Note, so long as any amounts remain unpaid with respect to the Notes, when the same becomes due and payable, and such default continues for a period of five (5) Business Daysbusiness days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payablepayable (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Class of Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Toyota Auto Finance Receivables LLC, Toyota Auto Finance Receivables LLC
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, Days following the date on which it became due and payable or (ii) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, immediately pay to the Indenture Trustee, Trustee for the benefit of the Holders of Noteholders the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at that payments of such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7outside counsel.
Appears in 2 contracts
Samples: Indenture (Springleaf Finance Corp), Indenture (Springleaf Holdings, Inc.)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default is made in the payment of any interest on any Offered Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Offered Note when the same becomes due and payable, the Issuer Issuing Entity shall, upon demand of the Indenture Trustee, at the direction of the Holders of a majority of the aggregate Note Principal Balances of the Offered Notes, pay to the Indenture Trustee, for the benefit of the Holders of the Offered Notes, the whole amount then due and payable on the Offered Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate andupon the overdue principal, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 2 contracts
Samples: Master Agreement (GSC Capital Corp. Mortgage Trust 2006-1), Merrill Lynch Mortgage Investors Inc
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of thirty-five (535) Business Days, days following the date on which it became due and payable or (ii) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, immediately pay to the Indenture Trustee, Trustee for the benefit of the Holders of Noteholders the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at that payments of such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7outside counsel.
Appears in 2 contracts
Samples: Master Indenture (Compucredit Corp), Master Indenture (Compucredit Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note Series of Notes when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any Note installment of the principal of any Series of Notes when the same becomes due and payable, and such default continues for a period of five days the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the Outstanding Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note respective Class Interest Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Samples: PNC Student Loan Trust I
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of thirty-five (535) Business Daysdays following the date on which such interest became due and payable, or (ii) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid, when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNotes of the affected Series, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, interest upon overdue installments of interest interest, at the applicable Note Interest Rate borne by the Notes of such Series, and in addition thereto will pay such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Samples: Master Indenture (Associates Credit Card Receivables Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 1 contract
Samples: Carmax Auto Receivables LLC
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made occurs in the payment of any interest on any Class A Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made occurs in the payment of the principal of or any installment of the principal of any Class A Note when the same becomes due and payable, and such default continues for a period of five (5) days, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee or the Insurer if the Insurer has made a payment under the Insurance Policy, pay to the Indenture TrusteeTrustee or the Insurer, as applicable, for the benefit of the Holders of the NotesClass A Notes or the insurer, the whole amount then due and payable on the such Class A Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Class A Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee Trustee, the Insurer and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made occurs in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made occurs in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, and such default continues for a period of five days, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Samples: HFC Revolving Corp Household Home Equity Ln Tr 2003 1
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Owner Trustee covenants that if (i) default is made occurs in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made occurs in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, and such default continues for a period of five days, the Issuer shallOwner Trustee will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, Trustee for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7Trustee.
Appears in 1 contract
Samples: Compass Asset Acceptance Co
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, Trustee pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the Notes and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Samples: Indenture (Bear Stearns Asset Backed Securities Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest (including, subject to the limitations of Sections 2.07(d) and 8.02(c), any Noteholders' Interest Index Carryover) on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the such Notes for principal and interestinterest (and any Noteholders' Interest Index Carryover), with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Noteholders' Interest Index Carryover), at the applicable Note Rate rate specified in Section 2.07 and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payablepayable and such default continues for a period of five days, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Interest Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Samples: Indenture (Prudential Securities Secured Financing Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer Issuing Entity shall, upon demand of the Indenture TrusteeSecurities Administrator, at the direction of the Holders of a majority of the aggregate Note Balance of the Notes, pay to the Indenture TrusteeSecurities Administrator, for the benefit of the Holders of the Notes, the whole amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate andupon the overdue principal, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and the Securities Administrator and its respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
Appears in 1 contract
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, at the direction of the Holders of a majority of the aggregate Note Balance of the Notes (with the consent of the Note Insurer, so long as no Note Insurer Default exists), pay to the Indenture Trustee, for the benefit of the Holders of Notes and the NotesNote Insurer, the whole amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate andupon the overdue principal, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Samples: Argent Securities Inc
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysbeyond any applicable grace period, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders Registered Owners of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensationout-of-pocket, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Samples: Indenture (Bluegreen Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuing Entity covenants that if (i) default is made in the payment of any interest Current Interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payablepayable on the applicable Maturity Date, the Issuer shallIssuing Entity will, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the applicable Note Rate and rate borne by the Notes and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel counsel, and other such amounts as may be due and owing to the Indenture Trustee pursuant to Section 6.7Swap Counterparty.
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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, shall pay to the Indenture Trustee, for the benefit of the Holders of the NotesNoteholders, the amount then due and payable on the Notes for principal and interest, with interest upon the overdue principal at the applicable Note Interest Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Interest Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) default is made in the payment of any interest on any Class A Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of any Class A Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, shall pay to the Indenture Trustee, for the benefit of the Holders of the Notesapplicable Noteholders, the amount then due and payable on the Notes for principal and and, if applicable, interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section SECTION 6.7.
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Samples: Administration Agreement (First Investors Financial Services Group Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest or Class A-2 Commitment Fee, as applicable, on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, and such default continues for a period of two Business Days, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the Notes for principal principal, interest and interestClass A-2 Commitment Fee, with interest upon the overdue principal at the applicable Note Rate andprincipal, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Samples: Indenture (NewStar Financial, Inc.)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if an Event of Default described in clauses (ie) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Days, or (iif) default is made in the payment of the principal of any Note when the same becomes due Section 5.02 shall have occurred and payablebe continuing, the Issuer shallwill, upon demand of the Indenture Trustee, immediately pay to the Indenture Trustee, Trustee for the benefit of the Holders of Noteholders the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at that payments of such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note CP Yield Rate, Base Yield Rate or LIBOR Yield Rate, all other amounts due and payable to Noteholders under the Transaction Documents, and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and Trustee, the Administrative Agent, its respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7outside counsel.
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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If (i) The Issuer covenants that if there is a default is made in the payment of (i) any interest on any Note the Notes when the same becomes due and payable, and such default continues for a period of five (5) Business Days, days or (ii) default is made in the payment of the principal of any Notes at the related Note when Final Payment Date or the same becomes due and payableRedemption Date, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notessuch Noteholders, the entire amount then due and payable on the such Notes for principal and interest, with interest upon on the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest interest, at the applicable Note Overdue Interest Rate and in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents agents, attorneys and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of thirty-five (535) Business Daysdays following the date on which such interest became due and payable, or (ii) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid, when the same becomes due and payablepayable on the Series Termination Date, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNotes of the affected Series, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, interest upon overdue installments of interest interest, at the applicable Note Interest Rate borne by the Notes of such Series, and in addition thereto will pay such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Samples: Master Indenture (Advanta Business Recievables Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays following the date on which such interest became due and payable, or (ii) default is made in the payment of the principal of any Note Note, if and to the extent not previously paid, when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee or the applicable Managing Agent, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, interest upon overdue installments of interest at the applicable Note Rate interest, and in addition thereto will pay such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee Trustee, the applicable Managing Agent(s), and its their respective agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on the such Notes for principal and interest, with interest upon the overdue principal at the applicable Note Rate and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the applicable Note Rate rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
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Samples: Mmca Auto Receivables Inc
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest (including, subject to the limitations of Sections 2.07(d) and 8.02, any Noteholders' Interest Basis Carryover) on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the such Notes for principal and interestinterest (and any Noteholders' Interest Basis Carryover), with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Noteholders' Interest Basis Carryover), at the applicable Note Rate rate specified in Section 2.07 and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) If The Issuer covenants that if (i) default is made in the payment of any interest (including, subject to the limitations of Sections 2.07(d) and 8.02(c), any Noteholders' Interest LIBOR Carryover) on any Note when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on the such Notes for principal and interestinterest (and any Noteholders' Interest LIBOR Carryover), with interest upon the overdue principal at the applicable Note Rate principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Noteholders' Interest LIBOR Carryover), at the applicable Note Rate rate specified in Section 2.07 and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7counsel.
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