Notes Issuable in Series. (a) The Indenture Notes may be issued in one or more Series of Indenture Notes. Each Series of Indenture Notes shall be created by a Series Supplement.
(b) Indenture Notes of a new Series of Indenture Notes may from time to time be executed by ZVF and delivered to the Trustee for authentication and thereupon the same shall be authenticated and delivered by the Trustee upon the receipt by the Trustee of a Company Request at least two (2) Business Days (or such shorter time as is acceptable to the Trustee) in advance of the related Series Closing Date and upon delivery by ZVF to the Trustee, and receipt by the Trustee, of the following:
(i) a Company Order authorizing and directing the authentication and delivery of the Indenture Notes of such new Series of Indenture Notes by the Trustee and specifying the designation of such new Series of Indenture Notes, the Initial Principal Amount (or the method for calculating the Initial Principal Amount) of such new Series of Indenture Notes to be authenticated and the Note Rate with respect to such new Series of Indenture Notes;
(ii) a Series Supplement satisfying the criteria set forth in Section 2.3 executed by ZVF and the Trustee and specifying the Principal Terms of such new Series of Indenture Notes;
(iii) each related Enhancement Agreement, if any, executed by each of the parties thereto, other than the Trustee;
(iv) written confirmation from each Rating Agency, if any, that the Rating Agency Condition with respect to each Series of Indenture Notes Outstanding (other than any such Series of Indenture Notes with respect to which an Amortization Event or Potential Amortization Event is continuing as of the date of the issuance of the new Series of Indenture Notes or will occur as a result of the issuance of the new Series of Indenture Notes) shall have been satisfied with respect to such issuance;
(v) (x) solely in connection with the issuance of a Series of Notes, an Officer’s Certificate of ZVF dated as of the applicable Series Closing Date to the effect that (A) no Limited Liquidation Event of Default or Enhancement Deficiency with respect to any Series of Notes Outstanding is continuing or will occur as a result of the issuance of such new Series of Notes, (B) no Liquidation Event of Default, Aggregate Asset Amount Deficiency, Operating Lease Event of Default or Potential Operating Lease Event of Default is continuing or will occur as a result of the issuance of such new Series of Notes and (C) consent has be...
Notes Issuable in Series. The Notes may be issued in one or more Series. Each Series of Notes shall be created by a Series Supplement. Notes of a new Series may from time to time be executed by the Issuer and delivered to the Trustee for authentication and thereupon the same shall be authenticated and delivered by the Trustee upon the receipt by a Responsible Officer of the Trustee of a Company Request at least two (2) Business Days (or such shorter time as is acceptable to the Trustee) in advance of the related Series Closing Date and upon delivery by the Issuer to the Trustee, and receipt by a Responsible Officer of the Trustee, of the following:
(a) a Company Order authorizing and directing the authentication and delivery of the Notes of such new Series by the Trustee and specifying the designation of such new Series, the aggregate principal amount of Notes of such new Series to be authenticated and the Note Rate (or the method for allocating interest payments or other cash flow) with respect to such new Series;
(b) a Series Supplement in form satisfactory to the Trustee executed by the Issuer, the General Partner and the Trustee and specifying the Principal Terms of such new Series;
(c) the related Enhancement Agreement, if any, executed by each of the parties thereto, other than the Trustee;
(d) written confirmation that the Rating Agency Confirmation Condition with respect to each Outstanding Series of Notes shall have been satisfied with respect to such issuance; provided, however, that if such Series is not a Segregated Series, the Trustee shall have received written confirmation that the Rating Agency Confirmation and Consent Condition with respect to each Outstanding Series of Notes shall have been satisfied with respect to such issuance;
(e) an Officer’s Certificate of the Issuer dated as of the applicable Series Closing Date to the effect that (i) unless otherwise provided in a Series Supplement for a Segregated Series in respect of the issuance of such Segregated Series (except that an Amortization Event under Section 9.1(c) may not be waived in any Series Supplement), no Amortization Event with respect to any Outstanding Series of Notes, Enhancement Agreement Event of Default with respect to any Outstanding Series of Notes, Enhancement Deficiency with respect to any Outstanding Series of Notes, Lease Event of Default, Potential Amortization Event with respect to any Outstanding Series of Notes, Potential Enhancement Agreement Event of Default with respect to any Outst...
Notes Issuable in Series. The Notes of the Issuer shall be issued in one or more Series. Each Series shall be issued pursuant to a Series Supplement (it being understood that a single Series Supplement may provide for more than one Series). Each Series Supplement shall include with respect to the related Series:
(i) the title of such Series (which shall distinguish such Series from other Series) and whether each Class of such Series will be Variable Funding Notes or Term Notes;
(ii) (a) with respect to each Class of Term Notes, the initial outstanding principal balance thereof and (b) with respect to each class of Variable Funding Notes, the maximum committed amount thereof;
(iii) with respect to each Class of Term Notes, the Targeted Amortization Amounts, if any, and the date or dates on which such Targeted Amortization Amounts are payable;
(iv) the related Note Rate(s);
(v) whether such Series has a Prefunding Period, and, if so, the funded amount of the related Prefunding Account, the applicable Classes of such Series that the Prefunding Account relates to, the expiration date of the related Prefunding Period, and the funded amount of the related Yield Maintenance Reserve Account applicable to such Series for purposes of Section 4.03;
(vi) the definition of Rating Agency Confirmation with respect to such Series, if different from the definition herein, and the Rating Agency or Rating Agencies for such Series;
(vii) whether the Notes of each Class of such Series are Uncertificated Notes, Book-Entry Notes or Definitive Notes;
(viii) if such Series includes Tax Restricted Notes, the maximum number of beneficial holders of Tax Restricted Notes of such Series;
(ix) the related Anticipated Repayment Date(s);
(x) the related Closing Date;
(xi) the related Initial Purchasers (if any);
(xii) the related initial Payment Date;
(xiii) the related Post-ARD Note Spread(s);
(xiv) with respect to each Class of Term Notes, the definition of Prepayment Consideration, if different from the definition herein, and the related Prepayment Consideration Period(s);
(xv) the related Rated Final Payment Date; and
(xvi) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Base Indenture except as specifically authorized herein or to the extent that such Series Supplement also constitutes an Indenture Supplement to this Base Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be...
Notes Issuable in Series. The Notes may be issued in one or more Series. Each Series of Notes shall be created by a Series Supplement to this Base Indenture. Notes of a new Series may from time to time be executed by RCFC and delivered to the Trustee for authentication, and thereupon the same shall be authenticated and delivered by the Trustee upon the receipt by the Trustee of a Company Order on or prior to the Closing Date for such Series and upon delivery by RCFC to the Trustee, and receipt by the Trustee, of the following:
(a) a Company Order authorizing and directing the authentication and delivery of the Notes of such new Series by the Trustee and specifying the designation of such new Series, the aggregate Principal Amount of Notes of such new Series to be authenticated and the Note Rate (or the method for allocating interest payments or other cash flow) with respect to such new Series;
(b) a Series Supplement in form reasonably satisfactory to the Trustee executed by RCFC and the Trustee and specifying the Principal Terms of such new Series;
(c) with respect to the initial Series of Notes, the Master Collateral Agency Agreement executed by each of the parties thereto;
(d) the related Enhancement Agreement, if any, executed by each of the parties thereto, other than the Trustee;
(e) written confirmation that the Rating Agency Condition with respect to all Series of Notes Outstanding that share in the same Group of Segregated Collateral as the new Series of Notes has been satisfied with respect to such issuance;
(f) an Officers’ Certificate from RCFC dated as of the applicable Closing Date to the effect that (i) no Amortization Event, Asset Amount Deficiency, Enhancement Agreement Event of Default, if applicable, Lease Event of Default, Manufacturer Event of Default, Potential Amortization Event, Potential Enhancement Agreement Event of Default or Potential Lease Event of Default under this Base Indenture and the Series Supplements for any Series of Notes Outstanding that share in the same Group of Segregated Collateral as the new Series of Notes is continuing or will occur as a result of the issuance of the new Series of Notes, and (ii) all conditions precedent provided in this Base Indenture and the related Series Supplement for the new Series of Notes with respect to the authentication and delivery of the new Series of Notes have been complied with;
(g) unless otherwise specified in the related Series Supplement, an Opinion of Counsel, subject to the assumptions and qualif...
Notes Issuable in Series. (a) The Notes shall be issued in one or more Series of Notes, including as Additional Notes of an existing Series, Class, Subclass or Tranche of Notes. Each Series of Notes shall be issued pursuant to a Series Supplement. Additional Notes of an existing Series, Class, Subclass or Tranche of Notes shall be issued pursuant to a Supplement to the related Series Supplement.
(b) So long as each of the certifications described in clause (iv) below (if applicable) are true and correct as of the applicable Series Closing Date, Notes may from time to time be executed by the Issuer and delivered to the Trustee for authentication and thereupon, subject to Section 2.2(c), the same shall be authenticated and delivered by the Trustee upon the receipt by the Trustee of a Company Request at least five (5) Business Days (except in the case of the Series of Notes being issued on the Closing Date or in connection with a Series Refinancing Event) in advance of the related Series Closing Date (which Company Request will be revocable by the Issuer upon notice to the Trustee no later than 5:00 p.m. (New York City time) five (5) Business Days prior to the related Series Closing Date) and upon performance or delivery by the Issuer to the Trustee and the Control Party, and receipt by the Trustee and the Control Party, of the following:
(i) a Company Order authorizing and directing the authentication and delivery of such Notes by the Trustee and specifying the designation of such Notes, the Initial Principal Amount of such Notes to be authenticated and the Note Rate with respect to such Notes;
(ii) a Series Supplement for a new Series of Notes or a Supplement to the related Series Supplement for Additional Notes issued under an existing Series, Class, Subclass or Tranche of Notes, as applicable, satisfying the criteria set forth in Section 2.3 executed by the Issuer and the Trustee and specifying the Principal Terms of such Notes;
(iii) if any existing Notes shall remain Outstanding following such issuance of such Notes (other than in connection with a Series Refinancing Event or such existing Notes that will be repaid in full from the proceeds of the issuance of such Notes or that will otherwise be repaid in full on the applicable Series Closing Date), written confirmation from either the Manager or the Issuer that the Rating Agency Condition with respect to the issuance of such Notes has been satisfied;
(iv) in the case of Additional Notes, if any existing Notes shall remain Outst...
Notes Issuable in Series. The Notes of the Issuer may be issued in one or more Series. Each Series shall be issued pursuant to a Series Supplement (it being understood that a single Series Supplement may provide for more than one Series). There shall be established in one or more Series Supplements, prior to the issuance of Notes of any Series:
(i) the title of the Notes of such Series (which shall distinguish the Notes of such Series from Notes of other Series);
(ii) any limit upon the aggregate principal balance of the Notes of such Series that may be authenticated and delivered under this Indenture (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes of such Series pursuant to Section 2.04 or 2.06);
(iii) the date or dates on which the principal of the Notes of such Series is payable;
(iv) the rate or rates at which the Notes of such Series shall bear interest, if any, or the method by which such rate shall be determined, the date or dates from which such interest shall accrue, the interest payment dates on which such interest shall be payable and the record dates for the determination of Holders to whom interest is payable (in each to the extent such items are not specified herein or if specified herein to the extent such items are modified by such Series Supplement);
(v) what action by the Issuer is necessary to satisfy the condition of obtaining and/or delivering a Rating Agency Confirmation hereunder from the applicable Rating Agencies; and
(vi) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Indenture except to the extent that such Series Supplement also constitutes an amendment of this Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be assigned to one or more Classes and, with respect to any Series of Notes issued after the Initial Closing Date, shall satisfy the requirements of Section 2.12(b) as of the date of issuance.
Notes Issuable in Series. The Notes of the Issuer may be issued in one or more Series. There shall be established in one or more Series Supplements, prior to the issuance of Notes of any Series:
(i) the title of the Notes of such Series (which shall distinguish the Notes of such Series from Notes of other Series);
(ii) any limit upon the aggregate principal balance of the Notes of such Series that may be authenticated and delivered under this Indenture (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes of such Series pursuant to Section 2.04 or 2.06);
(iii) the date or dates on which the principal of the Notes of such Series is payable;
(iv) the rate or rates at which the Notes of such Series shall bear interest, if any, or the method by which such rate shall be determined, the date or dates from which such interest shall accrue, the interest payment dates on which such interest shall be payable and the record dates for the determination of Holders to whom interest is payable (in each to the extent such items are not specified herein or if specified herein to the extent such items are modified by such Series Supplement); and
(v) any other terms of such Series (which terms shall not be inconsistent with the provisions of this Indenture except to the extent that such Series Supplement also constitutes an amendment of this Indenture pursuant to Article XIII). The Notes of a Series may have more than one settlement or issue date. The Notes of each Series will be assigned to one or more Classes and shall satisfy the requirements of Section 2.12(b) as of the date of issuance.
Notes Issuable in Series. (Section 2.2 of the Base Indenture).
Notes Issuable in Series. (Section 2.2 of the Base Indenture).
(a) Sections 2.2(vi)(A) and 2.2(vi)(B) of the Base Indenture is hereby amended by deleting the stricken text and inserting the double underlined text in the following clause:
(A) the Senior ABS Leverage Ratio as of the applicable Series Closing Date is less than or equal to 6.06.5x after giving effect to the issuance of the new Series of Notes (assuming all available amounts have been drawn under the Variable Funding Note Purchase Agreement);
(B) the Holdco Leverage Ratio is less than or equal to 6.57.0x after giving effect to the issuance of the new Series of Notes (assuming all available amounts have been drawn under the Variable Funding Note Purchase Agreement);
(b) Sections 2.2(vi)(L), 2.2(vi)(M) and 2.2(vi)(N) of the Base Indenture is hereby amended by deleting the stricken text and inserting the double underlined text in the following subsections:
Notes Issuable in Series. (Section 2.2 of the Base Indenture). Subsections 2.2(b)(vi)(A) and 2.2(b)(vi)(B) of the Base Indenture are hereby amended by deleting the stricken text and inserting the double underlined text as follows:
