Modification to and Ratification of Agreement Sample Clauses

Modification to and Ratification of Agreement. For --------------------------------------------- purposes of this Supplement and each Collateral Series: (a) Section 2.8(a) of the Agreement shall be deemed to read as follows: (a) If, during any period of 30 consecutive days either (i) the average Aggregate Net Principal Receivables is less than the Minimum Aggregate Principal Receivables averaged for such period or (ii) the average Seller Amount is less than the Minimum Seller Amount averaged for such period, either Seller or the Servicer (whichever shall first become aware of same) promptly shall give the Owner Trustee written notice thereof, and as soon as practicable (but in no event later than 10 Business Days thereafter) Seller shall designate additional Eligible Accounts ("Additional Accounts") to be included as Accounts ------------------- and shall transfer the Receivables in such Additional Accounts to the Issuer, in a sufficient amount so that (x) the average Aggregate Net Principal Receivables would at least equal the Minimum Aggregate Principal Receivables averaged for such 30-day period and (ii) the average Seller Amount would at least equal the Minimum Seller Amount averaged for such 30-day period would have, if the Receivables from such Additional Accounts had been transferred to the Issuer during such 30-day period. Each of the averages referred to in the preceding sentence shall be calculated by taking the sum of the specified amount at the end of each Business Day falling in that period and dividing by the number of Business Days falling in that period."; and (b) Section 12.2(b) of the Agreement shall be deemed to read as follows: (b) If on the Determination Date in the second month immediately preceding the month in which the Series Termination Date occurs (after giving effect to all transfers, withdrawals, deposits and drawings to occur on the next Transfer Date and the payment of principal on the notes in the related Note Series to be made on the related Distribution Date pursuant to the Indenture), the outstanding principal amount of the notes in the related Note Series would be greater than zero, the Servicer shall sell, dispose of, or otherwise liquidate, in a commercially reasonable manner and on commercially reasonable terms (which shall include the solicitation of competitive bids from Persons who are not Affiliates of Seller), within 30 days of such Determination Date, an amount of Receivables equal to (i) 110% of the Investor Amount with respect to such Series determined as ...

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Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) shall not be applicable to any Collateral Series. In addition, to the extent that the terms of this Series Supplement (directly or as supplemented by any Indenture Supplement) are deemed to be inconsistent with the terms of the Agreement, this Series Supplement shall be deemed to modify or amend the terms of the Agreement solely as applied to each Collateral Series affected by any such inconsistency, as permitted by Section 6.3(b) of the Agreement. Otherwise, as supplemented by this Series Supplement (and the various Indenture Supplements executed form time to time), the Agreement is in all respects ratified and confirmed and the Agreement as so amended and supplemented by this Series Supplement shall be read, taken and construed as one and the same instrument.

Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Sections 3.07 (Tax Treatment) and 12.01(c) (Termination of Trust) shall not be applicable to any Collateral Series. (b) For purposes of voting with respect to any consent, approval, waiver, direction or other matter under the Agreement or this Supplement, (i) each class of notes included in any Note Series shall be deemed to be a Class of Certificates in the related Collateral Series, (ii) the Outstanding Amount (as defined in the Indenture) of each class of notes shall be deemed to be its unpaid Initial Investor Interest, (iii) the Indenture Trustee shall vote with respect to any consent, approval, waiver, direction or other matter under the Agreement or this Supplement, but only as directed by the beneficial owners of such notes and the (iv) provisions for voting by beneficial owners of such notes specified in the Indenture shall apply mutatis mutandis to voting under the Agreement and this Supplement. (c) In addition, to the extent that the terms of this Supplement (directly or as supplemented by any Indenture Supplement) are deemed to be inconsistent with the terms of the Agreement, this Supplement shall be deemed to modify or amend the terms of the Agreement solely as applied to each Collateral Series affected by any such inconsistency, as permitted by Section 6.09(c) of the Agreement. Otherwise, as amended and supplemented by this Supplement (and the various Indenture Supplements executed from time to time), the Agreement is in all respects ratified and confirmed and the Agreement as so amended and supplemented by this Supplement shall be read, taken and construed as one and the same instrument.

Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) of the Agreement shall not be applicable to any Collateral Series. (c) The following definitions shall apply:

Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) shall not be applicable to any Collateral Series. In addition, to the extent that the terms of this Series Supplement (directly or as supplemented by any Indenture Supplement) are deemed to be inconsistent with the terms of the Agreement, this Series Supplement shall be deemed to modify or amend the terms of the Agreement solely as applied to each Collateral Series affected by any such inconsistency, as permitted by Section 6.9(c) of the Agreement. Otherwise, as supplemented by this Series Supplement (and the various Indenture Supplements executed form time to time), the Agreement is in all respects ratified and confirmed and the Agreement as so amended and supplemented by this Series Supplement shall be read, taken and construed as one and the same instrument; provided, however, that pursuant to Section 9.2(a) of the Agreement, the Trustee shall sell the portion of the Receivables allocable to each Collateral Series unless instructed not to sell, dispose of or otherwise liquidate the Receivables by holders of interests aggregating more than 50% of each Class of each Series (including a majority in interest in each collateral indebtedness interest or collateralized trust obligation), each holder of an interest in the Transferor Interest other than the Transferor and any other Person specified in a Supplement.

Related to Modification to and Ratification of Agreement

Ratification of Agreement As supplemented by this Supplement, the Agreement is in all respects ratified and confirmed and the Agreement as so supplemented by this Supplement shall be read, taken and construed as one and the same instrument.
Ratification and Confirmation of Agreement In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.
Ratification of Agreements The Original Agreement as hereby amended is hereby ratified and confirmed in all respects. The Loan Documents, as they may be amended or affected by this Amendment, are hereby ratified and confirmed in all respects. Any reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Original Agreement as hereby amended. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders under the Credit Agreement, the Notes, or any other Loan Document nor constitute a waiver of any provision of the Credit Agreement, the Notes or any other Loan Document.
Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.
Ratification and Reaffirmation Each Borrower hereby ratifies and reaffirms the Obligations, each of the Loan Documents and all of such Borrower's covenants, duties, indebtedness and liabilities under the Loan Documents.
Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.
Ratification and Confirmation Except as specifically amended herein, the Note Agreement shall remain in full force and effect, and is hereby ratified and confirmed.
Ratification of Base Indenture The Base Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Base Indenture in the manner and to the extent herein and therein provided.
Amendments, Modifications and Waivers No amendment, modification or waiver in respect of this Agreement shall be effective against any party unless it shall be in writing and signed by Parent, the Company and Stockholder.
TERM, MODIFICATION AND TERMINATION OF AGREEMENT This Agreement with respect to the Fund shall continue in effect until the expiration date set forth on Schedule A (the “Expiration Date”). With regard to the Operating Expense Limits, the Trust’s Board of Trustees and the Adviser may terminate or modify this Agreement prior to the Expiration Date only by mutual written consent. This Agreement shall terminate automatically upon the termination of the Advisory Agreement; provided, however, that the obligation of the Trust to reimburse the Adviser with respect to a Fund shall survive the termination of this Agreement unless the Trust and the Adviser agree otherwise.