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Common use of Execution of Supplemental Indentures Clause in Contracts

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indenture.

Appears in 76 contracts

Samples: Indenture (Toyota Auto Receivables 2025-a Owner Trust), Indenture Agreement (Toyota Auto Receivables 2025-a Owner Trust), Indenture (Toyota Auto Receivables 2024-D Owner Trust)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive and, and subject to Sections 6.01 Section 6.1 and 6.02Section 6.2, shall be fully protected in relying upon, upon an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and that all conditions precedent in this Indenture to the execution and delivery of such supplemental indenture have been satisfied. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of Notwithstanding anything in this Indenture which adversely affects to the Owner Trustee contrary, no supplemental indenture shall be effective without its the prior written consent. The Indenture Trustee and consent of the Owner Trustee shall or the Asset Representations Reviewer, respectively, if the supplemental indenture would adversely modify the amount or timing of distributions to be entitled made to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental the Owner Trustee or the Asset Representations Reviewer, as applicable, under this Indenture.

Appears in 70 contracts

Samples: Indenture (CarMax Auto Owner Trust 2025-1), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-4)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent thereto have been met. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, ’s own rights, duties, liabilities indemnities or immunities under this Indenture or otherwise. No amendment Any supplemental indenture affecting the rights, duties, indemnities or waiver immunities of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior require the Owner Trustee’s written consent. The Administrator shall provide a fully executed copy of any supplemental indentures to this Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indentureeach Rating Agency.

Appears in 13 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2025-A), Indenture (BMW Vehicle Owner Trust 2025-A), Indenture (BMW Vehicle Owner Trust 2024-A)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive and, and subject to Sections 6.01 Section 6.1 and 6.02Section 6.2, shall be fully protected in relying upon, upon an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and that all conditions precedent in this Indenture to the execution and delivery of such supplemental indenture have been satisfied. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of Notwithstanding anything in this Indenture which adversely affects to the Owner Trustee contrary, no supplemental indenture shall be effective without its the prior written consent. The Indenture Trustee and consent of the Owner Trustee shall if the supplemental indenture would adversely modify the amount or timing of distributions to be entitled made to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental the Owner Trustee under this Indenture.

Appears in 12 contracts

Samples: Indenture (CarMax Auto Owner Trust 2015-4), Indenture (CarMax Auto Owner Trust 2015-3), Indenture (CarMax Auto Owner Trust 2015-2)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indenture.

Appears in 12 contracts

Samples: Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Receivables 2015-C Owner Trust), Indenture (Toyota Auto Receivables 2015-C Owner Trust)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent thereto have been met. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, ’s own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment Any supplemental indenture affecting the rights, duties, immunities or waiver liabilities of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior require the Owner Trustee’s written consent. The Administrator shall provide a fully executed copy of any supplemental indentures to this Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indentureeach Rating Agency.

Appears in 10 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2018-A), Indenture (BMW Vehicle Owner Trust 2018-A), Indenture (BMW Vehicle Owner Trust 2016-A)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive and, and subject to Sections 6.01 Section 6.1 and 6.02Section 6.2, shall be fully protected in relying upon, upon an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and that all conditions precedent in this Indenture to the execution and delivery of such supplemental indenture have been satisfied. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of Notwithstanding anything in this Indenture which adversely affects to the Owner Trustee contrary, no supplemental indenture shall be effective without its the prior written consent. The Indenture Trustee and consent of the Owner Trustee shall or the Asset Representations Reviewer, respectively if the supplemental indenture would adversely modify the amount or timing of distributions to be entitled made to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental the Owner Trustee or the Asset Representations Reviewer, as applicable, under this Indenture.

Appears in 6 contracts

Samples: Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC)

Execution of Supplemental Indentures. In executing, executing or permitting accepting the additional trusts created by, by any supplemental indenture permitted by this Article IX Section 8 or the modification modifications thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and (subject to Sections 6.01 6.1 and 6.02, 6.3) shall be fully protected in relying upon, in good faith upon an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and that all conditions precedent thereto have been complied with. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities duties or immunities indemnities under this Indenture or otherwise. No The Trustee shall not enter into any supplemental indenture (including a supplemental indenture entered into pursuant to Section 8.1 or 8.2) that alters the rights or obligations of the Collateral Manager in any respect without the written consent of the Collateral Manager, and the Collateral Manager shall not be bound by any amendment or waiver of any provision of to this Indenture which adversely affects alters the Owner Trustee rights or obligations of the Collateral Manager in any respect unless the Collateral Manager shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred have consented thereto in connection with a Supplemental Indenturewriting.

Appears in 4 contracts

Samples: Indenture (Taberna Realty Finance Trust), Indenture (Taberna Realty Finance Trust), Indenture (Taberna Realty Finance Trust)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive upon request therefor and (in the case of the case of the Indenture Trustee, and subject to Sections 6.01 and 6.02, ) shall be fully protected in relying upon, an Opinion of Counsel from external counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. No amendment or modification of this 48 (NAROT 2020-A Indenture) Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indenture.

Appears in 2 contracts

Samples: Indenture (Nissan Auto Receivables 2020-a Owner Trust), Indenture (Nissan Auto Receivables 2020-a Owner Trust)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive upon request therefor and (in the case of the case of the Indenture Trustee, and subject to Sections 6.01 and 6.02, ) shall be fully protected in relying upon, an Opinion of Counsel from external counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. No amendment or modification of this 48 (NAROT 2019-B Indenture) Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior written consent. The Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indenture.

Appears in 2 contracts

Samples: Indenture (Nissan Auto Receivables 2019-B Owner Trust), Indenture (Nissan Auto Receivables 2019-B Owner Trust)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receivereceive and, and subject to Sections 6.01 Section 6.1 and 6.02Section 6.2, shall be fully protected in relying upon, upon an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and that all conditions precedent in this Indenture to the execution and delivery of such supplemental indenture have been satisfied. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of Notwithstanding anything in this Indenture which adversely affects to the Owner Trustee contrary, no supplemental indenture shall be effective without its the prior written consent. The Indenture Trustee and consent of the Owner Trustee shall if the supplemental indenture would adversely modify the amount or timing of distributions to be entitled made to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental the Owner Trustee under this Indenture.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2012-2), Indenture (CarMax Auto Owner Trust 2012-1)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture, and that all conditions precedent thereto have been met. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s 's or the Owner Trustee’s, as applicable, 's own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment Any supplemental indenture affecting the rights, duties, immunities or waiver liabilities of any provision of this Indenture which adversely affects the Owner Trustee shall be effective without its prior require the Owner Trustee's written consent. The Administrator shall provide a fully executed copy of any supplemental indentures to this Indenture Trustee and the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental Indentureeach Rating Agency.

Appears in 1 contract

Samples: Indenture (BMW Fs Securities LLC)

Execution of Supplemental Indentures. In executing, or permitting the additional trusts created by, any supplemental indenture permitted by this Article IX ARTICLE XII or the modification thereby of the trusts created by this Indenture, the Indenture Trustee and the Owner Trustee shall be entitled to receive, and subject to Sections 6.01 and 6.02, shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this IndentureIndenture and that all conditions precedent in this Indenture to the execution and delivery of such supplemental indenture have been satisfied. The Indenture Trustee and the Owner Trustee may, but shall not be obligated to, enter into any such supplemental indenture that affects the Indenture Trustee’s or the Owner Trustee’s, as applicable, own rights, duties, liabilities or immunities under this Indenture or otherwise. No amendment or waiver of any provision of this Indenture which adversely Any supplemental indenture that affects the Owner Trustee Trustee’s rights, duties, liabilities or immunities under this Indenture or otherwise shall be effective without its prior require the written consent. The Indenture Trustee and consent of the Owner Trustee shall be entitled to recover any costs (including any attorneys’ fees and expenses) incurred in connection with a Supplemental IndentureTrustee.

Appears in 1 contract

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)