Enforcement of Transaction Documents. Use commercially reasonable efforts to enforce all rights held by it under any of the Transaction Documents, shall not amend, supplement or otherwise modify any of the Transaction Documents and shall not waive any breach of any covenant contained thereunder without the prior written consent of the Required Noteholders for each Series. The Issuer shall take all actions necessary and desirable to enforce the Issuer’s rights and remedies under the Transaction Documents. The Issuer agrees that it will not waive timely performance or observance by the Servicer or the Seller of their respective duties under the Transaction Documents if the effect thereof would adversely affect any of the Secured Parties.
Enforcement of Transaction Documents. Upon request, the Issuer will cooperate with the taking of all actions necessary, and the diligent pursuit of all remedies available to it, in all cases to the extent commercially reasonable, to allow the Control Party and the Trustee in the name of the Issuer to enforce all obligations of the Transferor and the Servicer owing to the Issuer under the Transaction Documents to which such Persons are a party and to secure its rights thereunder.
Enforcement of Transaction Documents. The Company shall use its best efforts to vigorously enforce all rights held by it under each Transaction Document to which it is a party; and to cause Contributor to use its best efforts to vigorously enforce all rights held by it under each U.S. Receivables Purchase Agreement; provided, however, that with respect to the enforcement of rights it holds against Persons who are not Affiliates, the Company shall use commercially reasonable efforts to enforce all such rights, and shall cause the Contributor to use commercially reasonable efforts to enforce all rights held by it against Persons who are not Affiliates under each U.S. Receivables Purchase Agreement.
Enforcement of Transaction Documents. Use its best efforts to vigorously enforce all rights held by it under each Transaction Document to which it is a party; and cause the Contributor to use its best efforts to vigorously enforce all rights held by it under each European Receivables Purchase Agreement.
Enforcement of Transaction Documents. Perform all its obligations under and otherwise comply with the Transaction Documents and will enforce the covenants and agreements of each of the Sellers in the Purchase Agreements and the other Transaction Documents to which Transferor is a party, unless instructed otherwise by Trustee or by Trustee at the direction of the Required Persons in connection with the exercise of the Trustee's rights pursuant to its security interest in Transferor's right, title and interest in, to and under the Transaction Documents to which Transferor is a party.
Enforcement of Transaction Documents. The Purchaser, on its own behalf and on behalf of the Funding Agent and the Lender, shall promptly procure compliance with and/or, as appropriate, enforce all covenants and obligations of the Sellers and the Servicer contained in the Transaction Documents. The Purchaser shall deliver consents, approvals, directions, notices, waivers and take other actions under any Transaction Document as may be directed by the Funding Agent.
Enforcement of Transaction Documents. (1) Use commercially reasonable efforts to enforce all rights held by it under any of the Transaction Documents, (2) shall not amend, supplement or otherwise modify any of the Transaction Documents and shall not waive any breach of any covenant contained thereunder except with respect to this clause (2) in accordance with the amendment and waiver provisions thereof, including, if applicable without the prior written consent of the Required Noteholders for each applicable Series. The Issuer shall take all actions necessary and desirable to enforce the Issuer’s rights and remedies under the Transaction Documents. The Issuer agrees that it will not waive timely performance or observance by the Servicer or the Sellers of their respective duties under the Transaction Documents if the effect thereof would adversely affect any of the Secured Parties.
Enforcement of Transaction Documents. Despite any other provision of this Deed but subject to clause 9.2 and to the Corporations Act, the Trustee, despite knowledge of any breach (whether anticipatory or actual) or default under a Transaction Document (and whether of or in relation to any covenant, obligation, condition or other provision of a Transaction Document) or the occurrence of an Event of Default, may in its absolute discretion:
(a) waive or excuse on any terms or conditions, or without imposing any terms and conditions, that breach or default (if the Trustee is reasonably satisfied that the default, including any Event of Default, will not materially prejudice the Holders' interests);
(b) decide whether or not to take action to enforce the Transaction Documents as it sees fit in its absolute discretion including without limitation:
(i) if the Issuer breaches any of its obligations under this Deed or the Terms, the Trustee may, at its discretion and without further notice, bring such legal proceedings as it may think fit to enforce such obligations, including demand and require immediate payment of any Moneys Owing that remain unpaid and to commence legal proceedings against the Issuer to recover the same;
(ii) exercise any powers, rights or privileges conferred by law or equity under any Transaction Document or any other collateral deed or security;
(iii) exercise any of its powers under the Corporations Act;
(iv) issue a default notice to the Issuer requiring that the default be remedied to the satisfaction of the Trustee; and
(v) take such other action as the Holders deem appropriate to recover the Moneys Owing;
(c) not inform Holders of any breach or default (including any Event of Default if the Trustee is reasonably satisfied that the Event of Default will not materially prejudice the Holders' interests);
(d) despite the knowledge of the Trustee of any breach or default, not take any action or proceeding against the Issuer to enforce the observance or performance of any such covenant, obligation, condition or provision (including enforcement of the payment of the Notes and recovery of any other Moneys Owing under this Deed), unless in any such case:
(i) the Trustee is directed to take action by a Holder’s Resolution (or, if required by, a Special Resolution) (ignoring any Notes held by or on behalf of the Issuer and not cancelled); and
(ii) the Trustee is indemnified and/or secured to its satisfaction against all losses, liabilities, proceedings, actions, claims and demands to w...
Enforcement of Transaction Documents. The Company, on its own behalf and on behalf of the Agent and each Lender, shall promptly procure compliance with and/or, as appropriate, enforce all covenants and obligations of the Originators contained in the Transaction Documents. The Company shall deliver consents, approvals, directions, notices, waivers and take other actions under any Transaction Document as may be directed by the Agent.
Enforcement of Transaction Documents. The Funding Note Issuer shall cause to be diligently enforced, and take all reasonable steps, actions and proceedings necessary for the enforcement of, all terms, covenants and conditions of all Servicing Agreements and the Student Loan Purchase Agreement. Except as otherwise permitted under any Transaction Document, the Funding Note Issuer shall not permit the release of the obligations of any Servicer under any Servicing Agreement or the obligations of the Seller under the Student Loan Purchase Agreement and shall at all times, to the extent permitted by law, cause to be defended, enforced, preserved and protected the rights and privileges of the Funding Note Issuer, the Eligible Lender Trustee and the Conduit Lender under or with respect to each Servicing Agreement and the Student Loan Purchase Agreement. Upon the occurrence of a Servicer Default and during the continuation thereof, the Funding Note Issuer shall replace the Servicer subject to such Servicer Default if instructed to do so by the Conduit Administrator or the Manager.
