Common use of General Covenants of the Issuer Clause in Contracts

General Covenants of the Issuer. The Issuer hereby covenants with each Deal Agent and the Purchasers as follows: (1) The Issuer hereby agrees to notify the Deal Agents and the Series Enhancer, if any, for Series 2009-1 as soon as possible, and in any event within five (5) days after the earlier to occur of (i) actual knowledge and (ii) notice to the Issuer, of (a) the occurrence of any Event of Default, (b) the occurrence of any Early Amortization Event, (c) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Event of Default, (d) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Early Amortization Event, (e) the failure of the Issuer to observe any of its material undertakings under the Series 2009-1 Transaction Documents or (f) any change in the status or condition of the Issuer or the Manager that would reasonably be expected to adversely affect the Issuer’s or the Manager’s ability to perform its obligations under the Series 2009-1 Transaction Documents. (2) The Issuer agrees not to sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in the Securities Act) that would be integrated with the sale of the Note in a manner that would require the registration under the Securities Act of the sale to any Purchaser of any Note. (3) Any notice of any voluntary Prepayment of the Notes made in accordance with the provisions of Section 204(b) of the Supplement shall be irrevocable when given.

General Covenants of the Issuer. The Issuer hereby covenants with each Deal Agent and the Purchasers as follows: (1) The Issuer hereby agrees to notify the Deal Agents and the Series Enhancer, if any, for Series 20092008-1 as soon as possible, and in any event within five (5) days after the earlier to occur of (i) actual knowledge and (ii) notice to the Issuer, of (a) the occurrence of any Event of Default, (b) the occurrence of any Early Amortization Event, (c) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Event of Default, (d) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Early Amortization Event, (e) the failure of the Issuer to observe any of its material undertakings under the Series 20092008-1 Transaction Documents or (f) any change in the status or condition of the Issuer or the Manager that would reasonably be expected to adversely affect the Issuer’s or the Manager’s ability to perform its obligations under the Series 20092008-1 Transaction Documents. (2) The Issuer agrees not to sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in the Securities Act) that would be integrated with the sale of the Note in a manner that would require the registration under the Securities Act of the sale to any Purchaser of any Note. (3) Any notice of any voluntary Prepayment of the Notes made in accordance with the provisions of Section 204(b) of the Supplement shall be irrevocable when given.

General Covenants of the Issuer. The Issuer hereby covenants with each Deal Agent and the Purchasers as follows: (1) The Issuer hereby agrees to notify the Deal Agents and the Series Enhancer, if any, for Series 20092011-1 as soon as possible, and in any event within five (5) days after the earlier to occur of (i) actual knowledge and (ii) notice to the Issuer, of (a) the occurrence of any Event of Default, (b) the occurrence of any Early Amortization Event, (c) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Event of Default, (d) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Early Amortization Event, (e) the failure of the Issuer to observe any of its material undertakings under the Series 20092011-1 Transaction Documents or (f) any change in the status or condition of the Issuer or the Manager that would reasonably be expected to adversely affect the Issuer’s or the Manager’s ability to perform its obligations under the Series 20092011-1 Transaction Documents. (2) The Issuer agrees not to sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in the Securities Act) that would be integrated with the sale of the Note in a manner that would require the registration under the Securities Act of the sale to any Purchaser of any Note. (3) Any notice of any voluntary Prepayment of the Notes made in accordance with the provisions of Section 204(b) of the Supplement shall be irrevocable when given.

General Covenants of the Issuer. The Issuer hereby covenants with each Deal Agent and the Purchasers covenants, as follows: (1a) The Issuer hereby agrees to notify the Deal Agents and the Series EnhancerAgents, if any, for Series 2009-1 as soon as possible, and in any event within five (5) days after the earlier to occur of (i) actual knowledge and (ii) written notice to the Issuer, of (a) the occurrence of any Event of Default, (b) the occurrence of any Manager Default or Early Amortization Event, (cb) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Event of Default, (d) any fact, condition Manager Default or event which, with the giving of notice or the passage of time or both, could become an Early Amortization Event, (ec) the failure of the Issuer or the Manager to observe any of its material undertakings under the Series 20092006-1 2 Transaction Documents Documents, or (fd) any change in the status or condition of the Issuer or the Manager or the Collateral that would reasonably be expected to materially and adversely affect the Issuer’s or the Manager’s ability to perform its obligations under the Series 20092006-1 2 Transaction Documents. (2b) The Issuer agrees not to sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of of, any security (as defined in the Securities Act) that would be integrated with the sale of the Note Notes in a manner that would require the registration of the Notes under the Securities Act of the sale to any Purchaser of any NoteAct. (3c) Any notice The Issuer shall forward copies of all notices or other communications that it delivers to any party under the Series 2006-2 Transaction Documents to each of the Deal Agents. (d) The Issuer will not, directly or indirectly, pay or permit to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security, Lien, restrictive covenant or other preferential arrangement of any voluntary Prepayment kind or description (collectively, “Consideration”) to any holder of any Note issued, or to be issued under, the Indenture or to any other Person as consideration for or as an inducement to the entering into of any indulgence, waiver, consent, supplement or amendment of any kind or description (collectively, “Changes”) of any of the terms and provisions hereof or of any other Transaction Document unless such Consideration is concurrently paid, or granted, on the same terms, ratably to each holder of the Series 2006-2 Notes made then Outstanding even if such holder did not consent to such Change; provided, however, that nothing contained herein shall be construed as prohibiting the payment of any fees, interest or indemnities in accordance connection with the provisions issuance of Section 204(b) an additional Series of Notes or the issuance of additional Notes pursuant to the terms of the Supplement shall be irrevocable when givenSeries 2006-2 Supplement.

General Covenants of the Issuer. The Issuer hereby covenants with each Deal Agent and the Purchasers as follows: (1a) The Issuer hereby agrees to notify the Administrative Agent, the Deal Agents and the Series EnhancerRequisite Global Majority, if any, for Series 2009-1 as soon as possible, and in any event within five (5) days after the earlier to occur of (i) actual knowledge and (ii) written notice to the Issuer, of (ai) the occurrence of any Event of Default, (b) the occurrence of any Manager Default or Early Amortization Event, (cii) any fact, condition or event which, with the giving of notice or the passage of time or both, could become an Event of Default, (d) any fact, condition Manager Default or event which, with the giving of notice or the passage of time or both, could become an Early Amortization Event, (eiii) the failure of the Issuer or the Manager to observe any of its material undertakings under the Series 20092011-1 Transaction Documents Related Documents, or (fiv) any change in the status or condition of the Issuer or the Manager or the Collateral that would reasonably be expected to materially and adversely affect the Issuer’s or the Manager’s ability to perform its respective obligations under the Series 20092011-1 Transaction Related Documents. (2b) The Issuer agrees not to sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of of, any security (as defined in the Securities Act) that would be integrated with the sale of the Note Notes in a manner that would require the registration under the Securities Act of the sale to any Purchaser the Purchasers of any Notethe Notes. (3c) The Issuer shall forward copies of all notices or other communications that it delivers to any party under the Series 2011-1 Related Documents to each of the Deal Agents. (d) Any notice of any voluntary Prepayment of the Notes made in accordance with the provisions of Section 204(b203(b) of the Series 2011-1 Supplement shall be irrevocable when given. (e) Upon reasonable request, the Issuer agrees that it shall make available to any representative of the Administrative Agent, each Purchaser and their duly authorized representatives, attorneys or accountants, for inspection and copying its books of account, records and reports relating to the Managed Containers and copies of all Leases (to the extent related to the Managed Containers) and all other documents relating thereto. Such inspections shall be conducted on reasonable advance notice and during normal business hours and shall not unreasonably disrupt the business of the Issuer. The Administrative Agent and each Purchaser shall, and shall cause their respective representatives to, hold in confidence all such information in accordance with the provisions of Section 9.12 of this Agreement. Any expense incident to the reasonable exercise by the Administrative Agent or any Purchaser of any right under this Section shall be borne by the Person exercising such right unless an Event of Default shall have occurred and then be continuing in which case such expenses shall be borne by the Issuer. The Issuer also agrees to make available on a reasonable basis to the Administrative Agent or an officer of the Issuer for the purpose of answering reasonable questions respecting recent developments affecting the Issuer.