Common use of Collection of Indebtedness Clause in Contracts

Collection of Indebtedness. The Issuer covenants that, if an Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescinded, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Hedge Counterparties and all Series Enhancers, an amount equal to the whole amount then due and payable on all Series of Notes for principal and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Rate payable with respect to each such Note and, in addition thereto, such further amount as shall be sufficient to cover all other Outstanding Obligations, the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Indenture Trustee and the Requisite Global Majority, their respective agents and counsel incurred in connection with the enforcement of this Indenture.

Appears in 5 contracts

Samples: Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.)

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Collection of Indebtedness. The Issuer covenants that, if an Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescinded, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Outstanding and each Series Enhancer and each Interest Rate Hedge Counterparties and all Series EnhancersProvider, an amount equal to the sum of (i) the sum of (A) the whole amount then due and payable on for all Series of Notes for principal then Outstanding, (B) all amounts owing by the Issuer under any Interest Rate Hedge Agreement, and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Rate payable with respect to each such Note and, in addition thereto, (C) such further amount amounts as shall be sufficient required to cover pay in full all other of the Outstanding Obligations, including in each case, the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Indenture Trustee and the Requisite Global Majority, their respective agents and counsel incurred in connection with the enforcement of this Indenture, and (ii) to the extent that the payment of such interest is lawful, interest on the amount set forth in clause (i) at the applicable Overdue Rate with respect to the Notes and at the applicable default rate as set forth in the related Interest Rate Hedge Agreements or other Related Documents.

Appears in 2 contracts

Samples: Management Agreement (Textainer Group Holdings LTD), Administration Agreement (Textainer Group Holdings LTD)

Collection of Indebtedness. The Issuer covenants that, if an Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescindedrescinded in accordance with the provisions of Section 802(b), the Issuer will, upon demand of the Indenture TrusteeTrustee (which shall be made solely at the direction of the Requisite Global Majority), pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Interest Rate Hedge Counterparties and Providers, all Series Enhancers, an amount equal to the whole amount then due and payable on all Series of such Notes for principal and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Overdue Rate payable with respect to each such Note Note; and, in addition thereto, such further amount as shall be sufficient to cover all other Outstanding Obligations, Obligations and the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Indenture Trustee and the Requisite Global Majority, Majority and their respective agents and counsel incurred in connection with the enforcement of this Indenture.

Appears in 2 contracts

Samples: Director Services Agreement (SeaCube Container Leasing Ltd.), Indenture (Seacastle Inc.)

Collection of Indebtedness. The Issuer covenants that, if an Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescinded, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Interest Rate Hedge Counterparties and all Series Enhancers, an amount equal to the whole amount then due and payable on all Series of Notes for principal and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Rate payable with respect to each such Note and, in addition thereto, such further amount as shall be sufficient to cover all other Outstanding Obligations, the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Indenture Trustee and the Requisite Global Majority, their respective agents and counsel incurred in connection with the enforcement of this Indenture.

Appears in 1 contract

Samples: Indenture (TAL International Group, Inc.)

Collection of Indebtedness. The Issuer covenants that, if an Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescinded, the Issuer will, upon demand of the Indenture Trustee, pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Hedge Eligible Interest Rate Swap Counterparties and all Series Enhancers, an amount equal to the whole amount then due and payable on all Series of such Notes for principal and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Overdue Rate payable with respect to each such Note Note; and, in addition thereto, such further amount as shall be sufficient to cover all other Outstanding Obligations, Obligations and the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Indenture Trustee and the Requisite Global MajorityTrustee, their respective its agents and counsel incurred in connection with the enforcement of this Indenture.

Appears in 1 contract

Samples: Indenture (BRL Universal Equipment Corp)

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Collection of Indebtedness. The Issuer covenants that, if an Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescindedrescinded in accordance with the provisions of Section 802(b), the Issuer will, upon demand of the Indenture TrusteeTrustee (which shall be made solely at the direction of the Requisite Global Majority), pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Interest Rate Hedge Counterparties and all Series EnhancersProviders, an amount equal to the whole amount then due and payable on all Series of such Notes for principal and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Overdue Rate payable with respect to each such Note Note; and, in addition thereto, such further amount as shall be sufficient to cover all other Outstanding Obligations, Obligations and the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, disbursements and advances of the Indenture Trustee and the Requisite Global Majority, Majority and their respective agents and counsel incurred in connection with the enforcement of this Indenture.

Appears in 1 contract

Samples: Qualified Institutional Buyers (SeaCube Container Leasing Ltd.)

Collection of Indebtedness. The Issuer covenants that, if an a Trust Event of Default occurs and is continuing and a declaration of acceleration has been made under Section 802 and not rescinded, the Issuer will, upon demand of the Indenture TrusteeTrustee (acting at the written direction of a Noteholder), pay to the Indenture Trustee, for the benefit of the Noteholders of all Series then Outstanding, all Outstanding and each Interest Rate Hedge Counterparties and all Series EnhancersProvider, an amount equal to the sum of (i) the sum of (A) the whole amount then due and payable on for all Series of Notes for principal then Outstanding, (B) all amounts owing by the Issuer under any Interest Rate Hedge Agreement, and interest, with interest upon the overdue principal and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the Default Rate payable with respect to each such Note and, in addition thereto, (C) such further amount amounts as shall be sufficient required to cover pay in full all other of the Outstanding Obligations, including in each case, the costs and out-of-pocket expenses of collection, including the reasonable and documented compensation, expenses, indemnities, disbursements and advances of the Indenture Trustee and Trustee, the Requisite Global Majority, their respective agents and counsel incurred in connection with the enforcement of this Indenture, and (ii) to the extent that the payment of such interest is lawful, interest on the amount set forth in clause (i) at the applicable Overdue Rate with respect to the Notes and at the applicable default rate as set forth in the related Interest Rate Hedge Agreements or other Related Documents.

Appears in 1 contract

Samples: Manager Transfer Facilitator Agreement (CAI International, Inc.)

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