Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of 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 payable (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer will, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 65 contracts
Samples: Toyota Auto Receivables 2023-C Owner Trust, Toyota Auto Receivables 2023-C Owner Trust, Toyota Auto Receivables 2023-B Owner Trust
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) there is an Event of Default is made in relating to the payment nonpayment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payable, and such default Event of Default continues for a period of five (5) Business Daysdays, or (ii) default there is made an Event of Default relating to the nonpayment in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer willshall, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the rate 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.
Appears in 37 contracts
Samples: Indenture (USAA Auto Owner Trust 2007-2), Indenture (USAA Auto Owner Trust 2007-1), Indenture (USAA Auto Owner Trust 2008-1)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of 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 payable (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer will, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 26 contracts
Samples: Indenture (Toyota Auto Receivables 2015-B Owner Trust), Indenture (Toyota Auto Receivables 2014-a Owner Trust), Indenture (Toyota Auto Receivables 2013-a Owner Trust)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default there is made a default in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) there is a 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 (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer willshall, 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 such Class of 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 rate borne by the Notes 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 counselcounsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 14 contracts
Samples: Indenture (Mmca Auto Receivables Trust), Indenture (Mmca Auto Owner Trust 2001-4), Indenture (Mmca Auto Receivables Trust Ii)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default there is made a default in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payable, and such default continues for a period of five (5) Business Daysdays, or (ii) there is a 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 (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer willshall, 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 such Class of 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 rate borne by the Notes 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 counselcounsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 14 contracts
Samples: Indenture (Mmca Auto Receivables Trust), Indenture (Mmca Auto Owner Trust 2001-3), Indenture (Mmca Auto Owner Trust 2001 2)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made in the payment of any interest on any Note of the Controlling ClassClass A Note, so long as any amounts remain unpaid with respect to such Controlling the Class of A 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 (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer will, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 9 contracts
Samples: Toyota Auto Finance Receivables LLC, Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of 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 payable (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer will, upon demand of the Indenture TrusteeTrustee (at the written direction of the Holders of at least a majority of the Outstanding Amount of the Notes of the Controlling Class, acting together as a single Class), pay to the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 8 contracts
Samples: Toyota Auto Receivables 2024-C Owner Trust, Toyota Auto Receivables 2024-C Owner Trust, Toyota Auto Receivables 2024-B Owner Trust
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest (including, subject to the limitations of Sections 2.7(d) and 8.2(c), any Note Interest Carryover) on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in at the penultimate paragraph of Section 5.01 hereof)related Note Final Maturity Date, the Issuer willshall, 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 such Class of Notes for principal and interestinterest (and any Note Interest Carryover), with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Note Interest Carryover), at the rate borne by the Notes specified in Section 2.7 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.
Appears in 5 contracts
Samples: Indenture (SLM Funding Corp), SLM Funding Corp, SLM Funding Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default 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 of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders holders of the Notes, the whole amount then due and payable on such Class of Notes for principal and interestinterest (and any Noteholders' Interest Index Carryover), with interest upon the overdue principal 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 rate borne by the Notes 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.
Appears in 3 contracts
Samples: Indenture (Key Bank Usa National Association), Mellon Bank N A, Key Bank Usa National Association
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default 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 (35) days following the Controlling Classdate on which it became due and payable or (ii) default is made in the payment of principal of any Note, so long as any amounts remain unpaid with respect if and to such Controlling Class of Notes, the extent not previously paid 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 days following the payment of the principal of or any installment of the principal of any Note when the same becomes date on which it became due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, upon demand of the Indenture Trustee, immediately pay to the Indenture Trustee, Trustee for the benefit of the Holders of the Notes, Noteholders the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at that payments of such rate of interest shall be legally enforceable, upon overdue installments of interest at the rate borne by the Notes and applicable 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 Trustee, its agents and outside counsel.
Appears in 3 contracts
Samples: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made default occurs in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 occurs in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph payable, and such default continues for a period of Section 5.01 hereof)five days, the Issuer will, upon demand of the Indenture TrusteeTrustee or the Insurer if the Insurer has made an unreimbursed payment under the Note Guaranty Insurance Policy, pay to the Indenture TrusteeTrustee or the Insurer, as applicable, for the benefit of the Holders of the Notes, the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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 Trustee, the Insurer (including all Reimbursement Amounts due and owing under the Insurance and Indemnity Agreement) and its agents and counsel.
Appears in 2 contracts
Samples: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), HFC Revolving Corp Household Home Equity Loan Trust 2002-3
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made (A) in the payment of any interest on any Note of the Controlling ClassClass A Note, so long as any amounts remain unpaid with respect to such Controlling the Class A Notes or (B) in the payment of Notesany interest on any Class B Note, after the Class A Notes have been paid in full or (C) in the payment of any interest on any Class C Note, after the Class B Notes have been paid in full, 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 (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer will, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 2 contracts
Samples: Tia Indenture (Toyota Motor Credit Receivables Corp), Toyota Motor Credit Receivables Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default 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 of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trusteeit, for the benefit of the Holders of Noteholders and the NotesSwap Counterparty, the whole amount then due and payable on such Class of Notes for principal and interestinterest (and any Noteholders' Interest Basis Carryover), with interest upon the overdue principal 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 rate borne by specified in Section 2.07 and all amounts due under the Notes Swap Agreement 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 Swap Counterparty and its their respective agents and counsel.
Appears in 2 contracts
Samples: Usa Group Secondary Market Services Inc, Usa Group Secondary Market Services Inc
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) 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 of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, 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 or any installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)continuing, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes and the Hedge Counterparties, as applicable, (1) the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon on the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the rate borne by the Notes 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, and all other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 2 contracts
Samples: Diversified Energy Co PLC, Diversified Energy Co PLC
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made in the payment of any interest Noteholders' Interest Distribution Amount on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, Notes when the same becomes due and payable, and such default Default continues for a period of five (5) Business Daysdays, or (ii) default Default is made in the payment of the principal of or any installment of the principal of any Note Notes when the same becomes due and payable (as described in the penultimate paragraph payable, and such Default continues for a period of Section 5.01 hereof)five days, the Issuer will, 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 such Class of the Outstanding Notes for principal and interest, with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the rate borne by the Notes 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.
Appears in 2 contracts
Samples: Indenture (Crestar Bank /Va), Crestar Bank /Va
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payable, and such default continues for a period shall continue after the earlier to occur of (x) the next following date upon which interest becomes due and payable and (y) the date occurring 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 or any installment of the principal of any Note Note, if and to the extent not previously paid, when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes of the affected Series, the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, interest upon overdue installments of interest interest, at the rate 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 outside counsel.
Appears in 1 contract
Samples: Master Indenture (Compucredit Corp)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable payable, and continuance of such default for a period of five (as described in 5) days, or of the penultimate paragraph Principal Amount of Section 5.01 hereof)any Note at the applicable Maturity Date, the Issuer willshall, [upon demand of the Indenture TrusteeTrustee made at the direction of the Note Insurer], pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes [and the Note Insurer], the whole amount then due and payable on such Class of Notes for principal and and/or interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 1 contract
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) 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 of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, 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 or any installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)continuing, the Issuer willshall, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the NotesSecured Parties, (1) the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon on the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the rate borne by the Notes 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, and all other amounts due and owing to the Indenture Trustee pursuant to Section 6.07.
Appears in 1 contract
Samples: Alpine Summit Energy Partners, Inc.
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer Issuing Entity covenants that if (i) Default default is made in the payment of any interest Current Interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in on the penultimate paragraph of Section 5.01 hereof)applicable Maturity Date, the Issuer Issuing Entity will, upon demand of the Indenture Trustee, pay to the Trust Administrator on behalf of the Indenture Trustee, for the benefit of the Holders of the Notes, the whole amount then due and payable on such Class of Notes for principal and interest, with interest upon on the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon on overdue installments of interest at the rate borne by the Notes 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 such amounts as may be due to the Swap Counterparty.
Appears in 1 contract
Samples: Fieldstone Mortgage Investment CORP
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling Class[Group I] or [Group II] Note, so long as any amounts remain unpaid with respect to such Controlling Class of Notesapplicable, 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 of or any installment of the principal on the related Final Maturity Date of any Note a Class of [Group I] or [Group II] Notes, as applicable, when the same becomes due and payable (as described in the penultimate paragraph of accordance with Section 5.01 hereof2.07(b), the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Holders of the [Group I] or [Group II] Notes, as the case may be, the whole amount then due and payable on such Class of [Group I] or [Group II] Notes for principal and interest, with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the rate borne by the Notes 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.
Appears in 1 contract
Samples: Key Consumer Receivables LLC
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable payable, and continuance of such default for a period of five (as described in 5) days, or of the penultimate paragraph Principal Amount of Section 5.01 hereof)any Note at the applicable Maturity Date, the Issuer willshall, upon demand of the Indenture TrusteeTrustee made at the direction of the Note Insurer, pay to the Indenture Trustee, for the benefit of the Holders of the NotesNotes and the Note Insurer, the whole amount then due and payable on such Class of Notes for principal and and/or interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 1 contract
Samples: Indenture (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest (including any Noteholders' Interest Basis Carryover or interest thereon) on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, Notes when the same becomes due and payable, and such default continues for a period of five (5) Business Daystwo days, or (ii) default is made in the payment of the remaining principal balance of any Notes when the same becomes due and payable on the applicable Final Scheduled Payment Date, or (iii) default for five days or more is made in the payment of any installment of the principal of any Note Notes when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)and when available funds are sufficient to make such payment, the Issuer willshall, 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 such Class of Notes for principal and interestinterest (and any Noteholders' Interest Basis Carryover), with interest upon the overdue principal 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 together with interest thereon), at the rate borne by specified in the Notes applicable Series Supplement 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 respective agents and counsel.
Appears in 1 contract
Samples: Base Indenture (Uici)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest (including, subject to the limitations of Sections 1.13(a)(iv) and 8.03(b), any Noteholders' Interest Basis Carryover) on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 remaining principal balance of any Notes when the same becomes due and payable on the Final Scheduled Payment Date, or (iii) default for five days or more is made in the payment of any installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)and when Available Funds are sufficient to make such payment, the Issuer will, upon demand of the Indenture TrusteeTrustee with the Insurer's prior consent, pay to the Indenture Trusteeit, for the benefit of the Holders of the NotesNoteholders, the whole amount then due and payable on such Class of Notes for principal and interestinterest (and any Noteholders' Interest Basis Carryover), with interest upon the overdue principal 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 rate borne by the Notes specified in Section 1.13 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 respective agents and counsel.
Appears in 1 contract
Samples: Uici
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer willshall, upon demand of the Indenture Trustee, (i) with respect to the Notes other than the Class II-A Notes, at the written direction of the Holders of a majority of the aggregate Note Principal Balances of the Notes or (ii) with respect to the Class II-A Notes, so long as the Insurer is not in default under the Insurance Policy, at the written direction of the Insurer or at the written direction of the Holder of the majority of the aggregate Note Principal Balance of the Class II-A Notes with the consent of the Insurer, pay to the Indenture Trustee, for the benefit of the Insurer, with respect to the Class II-A Notes, or the Holders of the Notes, the whole amount then due and payable on such Class of the related Notes for principal and interest, with interest at the applicable Note Interest Rate upon the overdue principal andprincipal, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 1 contract
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default is made in the payment of any interest on any Note of the Controlling ClassNote, so long as any amounts remain unpaid with respect to such Controlling Class of 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 (as described in the penultimate paragraph of Section 5.01 hereof), the Issuer will, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 1 contract
Samples: Toyota Motor Credit Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer Company covenants that if (i1) Default is made in case it shall default in the payment of any installment of interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payable, and such default continues for a period of five (5) Business Days, Debentures or (ii2) in case it shall default is made in the payment of the principal of or any installment of the principal of any Note Debentures when the same becomes shall have become due and payable (as described in payable, whether upon maturity of the penultimate paragraph of Section 5.01 hereof)Debentures, the Issuer willupon redemption, by declaration or otherwise, then, upon demand of the Indenture Trustee, the Company shall pay to the Indenture Trustee, for the benefit of the Holders of the NotesDebentures, the whole entire amount that then shall have been become due and payable on such Class of Notes the Debentures for principal and or interest, or both, as the case may be, with interest upon the overdue principal and, and (to the extent that payment at of such rate interest is enforceable under applicable law and, if the Debentures are held by the Trust or the Indenture Trustee, without duplication of interest shall be legally enforceable, any other amounts paid by the Trust or the Indenture Trustee in respect thereof) upon overdue installments of interest at the rate borne by the Notes and interest; and, in addition thereto thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including and the reasonable compensation, expenses, disbursements and advances of amount payable to the Indenture Trustee and its agents and counselunder Section 7.06.
Appears in 1 contract
Samples: Indenture (Crown Media Holdings Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer willshall, 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 such Class of Notes for principal and interestinterest and all other amounts that would then be due hereunder or upon such Notes, 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 rate borne by the Notes 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 counselcounsel and other amounts due and owing to the Indenture Trustee pursuant to Section 6.7.
Appears in 1 contract
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest (including, subject to the limitations of Sections 2.7(d) and 8.2, any Noteholders' Interest T-Xxxx Carryover) on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, 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 such Class of Notes for principal and interestinterest (and any Noteholders' Interest T-Xxxx Carryover), with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Noteholders' Interest T-Xxxx Carryover), at the rate borne by the Notes specified in Section 2.7 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.
Appears in 1 contract
Samples: Efg Funding Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest (including, subject to the limitations of Sections 2.7(d) and 8.2(c), any Note Interest Carryover) on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payableandpayable, 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 (as described in at the penultimate paragraph of Section 5.01 hereof)related Note Final Maturity Date, the Issuer willshall, 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 such Class of Notes for principal and interestinterest (and any Note Interest Carryover), with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Note Interest Carryover), at the rate borne by the Notes specified in Section 2.7 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.
Appears in 1 contract
Samples: SLM Funding Corp
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default 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 T-Xxxx Carryover) on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class 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 installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, 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 such Class of Notes for principal and interestinterest (and any Noteholders' Interest T-Xxxx Carryover), with interest upon the overdue principal principal, and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest (and any Noteholders' Interest T-Xxxx Carryover), at the rate borne by the Notes 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.
Appears in 1 contract
Samples: Indenture (Usa Group Secondary Market Services Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) there is an Event of Default is made in relating to the payment nonpayment of any interest on any Note of the Controlling Class, so long as any amounts remain unpaid with respect to such Controlling Class of Notes, when the same becomes due and payable, and such default Event of Default continues for a period of five (5) Business Daysdays or more, or (ii) default there is made in an Event of Default relating to the payment nonpayment of the principal of or any installment of the principal of any Note when the same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer willshall, 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 such Class of Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the rate borne by the Notes 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.
Appears in 1 contract
Samples: Ford Credit Auto Receivables Two LLC
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling ClassNote, so long as any amounts remain unpaid with respect to such Controlling Class of 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 (Nissan 2008-B Indenture) same becomes due and payable (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, 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 such Class of the Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 1 contract
Samples: Indenture (Nissan Auto Receivables 2008-B Owner Trust)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) Default default is made in the payment of any interest on any Note of the Controlling ClassNote, so long as any amounts remain unpaid with respect to such Controlling Class of the Notes, when the same becomes (Nissan [ ]-[ ] Indenture) 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 (as described in the penultimate paragraph of Section 5.01 hereof)payable, the Issuer will, 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 such Class of the Notes for principal and interest, with interest upon the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, upon overdue installments of interest at the 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.
Appears in 1 contract