Common use of Collection of Indebtedness and Suits for Enforcement by Indenture Trustee Clause in Contracts

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 Bond when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Principal Balances of the Bonds, pay to the Indenture Trustee, for the benefit of the Holders of Bonds, the whole amount then due and payable on the Bonds for principal and interest, with interest at the applicable Bond Interest Rate upon the overdue principal, 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 20 contracts

Samples: Servicing Agreement (Impac CMB Trust Series 2005-8), Indenture (IMPAC CMB Trust Series 2005-5), Indenture, Dated as Of (Imh Assets Corp)

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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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Principal Balances Note Balance of the BondsNotes, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Interest Note Rate upon the overdue principal, 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 19 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2005-2), Indenture (Greenpoint Mortgage Funding Trust 2005-He4), Indenture (New Century Home Equity Loan Trust 2005-3)

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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture TrusteeSecurities Administrator, at the direction of the Holders of a majority of the aggregate Bond Principal Balances Note Balance of the BondsNotes, pay to the Indenture TrusteeSecurities Administrator, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Interest Note Rate upon the overdue principal, 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.

Appears in 12 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2007-1)

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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, acting at the direction of the Holders of a majority of the aggregate Bond Note Principal Balances of the BondsNotes, pay to the Indenture TrusteeSecurities Administrator, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Note Interest Rate upon the overdue principal, 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 12 contracts

Samples: Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-9), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2), Trust Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3)

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 Bond when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Principal Balances of the Bonds and a majority of the Notional Amount of the Class A-IO Bonds, pay to the Indenture Trustee, for the benefit of the Holders of Bonds, the whole amount then due and payable on the Bonds for principal and interest, with interest at the applicable Bond Interest Rate upon the overdue principal, 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 7 contracts

Samples: Indenture (Imh Assets Corp Impac CMB Trust Series 2002 9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-2f), Indenture (Imh Assets Corp Impact CMB Trust Series 2002-7)

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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, acting at the direction of the Holders of a majority of the aggregate Bond Note Principal Balances of the BondsNotes, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Note Interest Rate upon the overdue principal, 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 (Homebanc Corp), Indenture (Homebanc Corp), Indenture (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2)

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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Note Principal Balances of the BondsNotes, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Note Interest Rate upon the overdue principal, 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: Servicing Agreement (American Home Mortgage Investment Trust 2004-3), Indenture (American Home Mortgage Investment Trust 2004-2), Indenture (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Subject to the terms of the Series Supplement, the Issuer covenants that if (i) default is made in the payment of any interest on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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, at the direction of the Holders of a majority of the aggregate Bond Principal Balances of the Bonds, pay to the Indenture Trusteeit, for the benefit of the Holders of BondsSecured Parties, the whole amount then due and payable on the Bonds such Notes for principal and interest, with interest at the applicable Bond Interest Rate 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 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 outside counsel.

Appears in 3 contracts

Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp), Household Auto Receivables Corp

Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer Issuing Entity covenants that if (i) default is made in the payment of any interest on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Principal Balances Note Balance of the BondsNotes, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Interest Note Rate upon the overdue principal, 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 (New Century Home Equity Loan Trust 2006-2), Indenture (New Century Home Equity Loan Trust 2006-1), Indenture (Financial Asset Securities Corp)

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 Bond Note when the same becomes due and payable, payable and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, acting at the direction of the Holders of a majority of the aggregate Bond Note Principal Balances of the BondsNotes, pay to the Indenture TrusteeSecurities Administrator, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Interest Note Rate upon the overdue principal, 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 (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Peoples Choice Home Loan Securities Trust Series 2005-4

Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) default is made occurs in the payment of any interest on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made occurs in the payment of the principal of or any installment of the principal of any Bond 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, at the direction of the Holders of a majority of the aggregate Bond Principal Balances of the Bonds, pay to the Indenture Trustee, Trustee for the benefit of the Holders of Bondsthe Notes, the whole amount then due and payable on the Bonds such Notes for principal and interest, with interest at the applicable Bond Interest Rate upon the overdue principalprincipal 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 counselTrustee.

Appears in 2 contracts

Samples: Indenture (Household Mortgage Loan Trust 2003-Hc1), Household Mortgage Loan Trust 2002 Hc1

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Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Subject to the terms of the Series Supplement, the Issuer covenants that if (i) default is made in the payment of any interest on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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, at the direction of the Holders of a majority of the aggregate Bond Principal Balances of the Bonds, pay to it or the Indenture TrusteeAdministrator, for the benefit of the Holders of BondsSecured Parties, the whole amount then due and payable on the Bonds such Notes for principal and interest, with interest at the applicable Bond Interest Rate 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 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 outside counsel.

Appears in 2 contracts

Samples: Indenture (HSBC Automotive Trust (USA) 2006-1), Indenture (HSBC Automotive Trust (USA) 2007-1)

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 Bond when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, at the direction of the Bond Insurer or the Holders of a majority of the aggregate Bond Principal Balances of the Bonds, pay to the Indenture Trustee, for the benefit of the Bond Insurer and the Holders of Bonds, the whole amount then due and payable on the Bonds for principal and interest, with interest at the applicable Bond Interest Rate upon the overdue principal, 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: Servicing Agreement (IMPAC CMB Trust Series 2004-10)

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 (including the Interest Remittance Amount) on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal (including the Principal Remittance Amount) of or any installment of the principal of any Bond 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 Bond Principal Balances of the Bonds, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes [and the Note Insurer], the whole amount then due and payable on the Bonds for Notes in respect of principal and interest, with interest at the applicable Bond Note Interest Rate upon the overdue principal, 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: Default And (Superior Bank FSB)

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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Note Principal Balances of the BondsNotes, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Note Interest Rate upon the overdue principal, 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 their respective agents and counsel.

Appears in 1 contract

Samples: Indenture (GSR Trust 2005-Hel1)

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 Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond 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 Bond Principal Note Balances of the BondsNotes, pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Interest Note Rate upon the overdue principal, 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: New Century Mort Sec Inc Home Equity Loan Trust 2003 6

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 (including the Interest Payment Amount) on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal (including the Principal Payment Amount and the Overcollateralization Increase Amount) of or any installment of the principal of any Bond 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 Bond Principal Balances of the Bonds, Trustee pay to the Indenture Trustee, for the benefit of the Holders of BondsNotes, the whole amount then due and payable on the Bonds Notes for principal and interest, with interest at the applicable Bond Interest Note Accrual Rate upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the reasonable 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: Custodial Agreement (Salomon Br Mor Sec Vii Inc Series 1998-11)

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 Current Interest on any Bond Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Bond Note when the same becomes due and payablepayable on the applicable Maturity Date, the Issuer shallwill, upon demand of the Indenture Trustee, at the direction of the Holders of a majority of the aggregate Bond Principal Balances of the Bonds, pay to the Trust Administrator on behalf of the Indenture Trustee, for the benefit of the Holders of Bondsthe Notes, the whole amount then due and payable on the Bonds such Notes for principal and interest, with interest on the overdue principal and, to the extent payment at such rate of interest shall be legally enforceable, on overdue installments of interest at the applicable Bond Interest Rate upon rate borne by the overdue principalNotes 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

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