Financing Source. The initial Purchaser and/or prospective Purchaser of an eContract from a Dealer.
Financing Source. In connection therewith, the Master Servicer shall designate on its computer system the Financing Source the proceeds of which are used to finance or refinance such Master Collateral Vehicles, and, upon repayment of the Financing Source being refinanced, (x) such Master Collateral Vehicles shall automatically constitute Related Vehicles of the specified Beneficiary or Beneficiaries related to such refinancing Financing Source, and (y) such Master Collateral Vehicles shall cease to be Related Vehicles of the Beneficiary or Beneficiaries related to the refinanced Financing Source. In addition, the Master Servicer may from time to time redesignate on its computer system, to a new Beneficiary related to a Financing Source, one or more Master Collateral Vehicles that are Related Vehicles of another Beneficiary related to such Financing Source, if such related Vehicles have been designated to specific Beneficiaries. Notwithstanding the foregoing, the right of the Master Servicer to redesignate Master Collateral Vehicles that will, after such a refinancing or other redesignation, cease to be Related Vehicles with respect to a Financing Source or Beneficiary shall be subject to the conditions that immediately after giving effect to such redesignation:
Financing Source. The original lender or lessor, as applicable, under an eContract.
Financing Source. Note: The Agreement requires that a true copy of the original xxxx of sale be provided to Epic and that the value of the Tractor and all other Operator’s Equipment, if any, be appraised by written appraisal.
Financing Source. “Financing Source” means the lenders party to and the other financial institutions committing to provide extensions of credit under the Debt Commitment Letter and their respective former, current or future general or limited partners, stockholders, managers, members, directors, officers or Affiliates.
Financing Source. In connection therewith, the Master Servicer shall designate on its computer system the Financing Source the proceeds of which are used to finance or refinance such Master Collateral Vehicles, and, upon repayment of the Financing Source being refinanced, (x) such Master Collateral Vehicles shall automatically constitute Related Vehicles of the specified Beneficiary or Beneficiaries related to such refinancing Financing Source, and (y) such Master Collateral Vehicles shall cease to be Related Vehicles of the Beneficiary or Beneficiaries related to the refinanced Financing Source. In addition, the Master Servicer may from time to time redesignate on its computer system, to a new Beneficiary related to a Financing Source, one or more Master Collateral Vehicles that are Related Vehicles of another Beneficiary related to such Financing Source, if such related Vehicles have been designated to specific Beneficiaries. Notwithstanding the foregoing, the right of the Master Servicer to redesignate Master Collateral Vehicles that will, after such a refinancing or other redesignation, cease to be Related Vehicles with respect to a Financing Source or Beneficiary shall be subject to the conditions that immediately after giving effect to such redesignation: (a)no Default (other than, unless the Required Noteholders of the Series of Notes with respect to which the applicable Insurer Related Amortization Event has occurred shall have instructed the Trustee and the Master Collateral Agent in writing otherwise, an Insurer Related Amortization Event with respect to a Series of Notes) shall exist under the Financing Documents related to such Financing Source or Beneficiary (provided, however, that the Master Servicer shall have the right to make such redesignation for the purpose of curing such a Default); and (b)Unless otherwise specified in the Financing Source and Beneficiary Supplement therefor, such Financing Source or Beneficiary shall have designated to it Related Vehicles with a collateral value (as determined, in accordance with the Financing Documents relating to the Financing Source or with respect to such Beneficiary, by the Person specified therein or, if no such Person is so specified, by the Master Servicer) not less than the minimum collateral value required in such Financing Documents to support the outstanding loans or securities issued under such Financing Documents. Each designation of a Beneficiary pursuant to Section 2.2, and each redesignation by the Ma...
Financing Source. 11.2.1 Notwithstanding anything in this Agreement to the contrary, each of the Sellers and any Sellers’ Affiliate hereby
(a) agrees that any action, whether in law or in equity, whether in contract or in tort or otherwise, asserted against any Bank Related Party, arising out of or relating to, this Agreement, and any financing agreements or the performance of any services thereunder shall be subject to the exclusive jurisdiction of any federal or state court in the Borough of Manhattan, New York, New York, so long as such forum is and remains available, and any appellate court thereof and each party hereto irrevocably submits itself and its property with respect to any such action to the exclusive jurisdiction of such court, and such action (except to the extent relating to the interpretation of any provisions in this Agreement (including any provision in any documentation related to the financing agreements that expressly specifies that the interpretation of such provisions shall be governed by and construed in accordance with the law of the State of New York)) shall be governed by the laws of the State of New York (without giving effect to any conflicts of law principles that would result in the application of the laws of another jurisdiction),
(b) agrees not to bring or support any action of any kind or description, whether in law or in equity, whether in contract or in tort or otherwise, against any Bank Related Party in any way arising out of or relating to, this Agreement, the financing agreement or any of the transactions contemplated hereby or thereby or the performance of any services thereunder in any forum other than any federal or state court in the Borough of Manhattan, New York, New York,
(c) agrees that service of process upon the Sellers or any Sellers’ Affiliate in any such action or proceeding shall be effective if notice is given in accordance with Sec. 18.1,
(d) irrevocably waives, to the fullest extent that it may effectively do so, the defense of an inconvenient forum to the maintenance of such action in any such court,
(e) knowingly, intentionally and voluntarily waives to the fullest extent permitted by applicable law all rights of trial by jury in any action brought against any Bank Related Party in any way arising out of or relating to, this Agreement, the financing agreements or any of the transactions contemplated hereby or thereby or the performance of any services thereunder,
(f) agrees that no Bank Related Party shall be subj...
Financing Source. “Financing Sources” means the parties to the Debt Commitment Letter and their respective former, current or future general or limited partners, shareholders, managers, members, directors, officers or Affiliates.
Financing Source. In connection therewith, the Servicer shall designate on its computer system the Financing Source the proceeds of which are used to finance or refinance such Vehicles, and, upon repayment of the Financing Source in the case of refinanced Vehicles (x) such Vehicles shall automatically constitute Related Vehicles of the Beneficiary related to such Financing Source, and (y) in the case of a refinancing, such Vehicles shall cease to be Related Vehicles of the Beneficiary related to the previous Financing Source. Notwithstanding the foregoing, in connection with a refinancing the right of the Servicer to designate Vehicles that will cease to be Related Vehicles with respect to a Beneficiary, shall be subject to the conditions that immediately after giving effect to such designation:
Financing Source. In connection therewith, the Servicer shall designate on its computer system the Financing Source the proceeds of which are used to finance or refinance such Master Collateral Vehicles, and, upon repayment of the Financing Source being refinanced, (x) such Master Collateral Vehicles shall automatically constitute Related Vehicles of the specified Beneficiary related to such refinancing Financing Source, and (y) such Master Collateral Vehicles shall cease to be Related Vehicles of the Beneficiary related to the refinanced Financing Source. In addition, the Servicer may from time to time redesignate on its computer system, to a new Beneficiary related to a Financing Source, one or more Master Collateral Vehicles that are Related Vehicles of another Beneficiary related to such Financing Source. Notwithstanding the foregoing, the right of the Servicer to redesignate Master Collateral Vehicles that will, after such a refinancing, cease to be Related Vehicles with respect to a Beneficiary shall be subject to the conditions that immediately after giving effect to such redesignation:
