Common use of Notices of Events of Default, Enforcement and Termination Clause in Contracts

Notices of Events of Default, Enforcement and Termination. The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (a) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (b) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (c) The Issuer shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (d) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (e) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (f) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents. (g) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (h) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 of the Trust Sale and Servicing Agreement. (i) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 6 contracts

Samples: Swap Counterparty Rights Agreement (Capital Auto Receivables Inc), Swap Counterparty Rights Agreement (Capital Auto Receivables Inc), Swap Counterparty Rights Agreement (Capital Auto Receivables Inc)

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Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 5 contracts

Samples: Swap Counterparty Rights Agreement (Central Originating Lease Trust), Swap Counterparty Rights Agreement (Capital Auto Receivables Inc), Swap Counterparty Rights Agreement (Capital Auto Receivables Inc)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer Issuing Entity (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer Issuing Entity shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller Depositor of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC the Seller of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer Issuing Entity is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes Notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's ’s powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 5 contracts

Samples: Swap Counterparty Rights Agreement (Ally Auto Receivables Trust 2010-3), Swap Counterparty Rights Agreement (Ally Auto Receivables Trust 2010-3), Swap Counterparty Rights Agreement (Capital Auto Receivables LLC)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer Issuing Entity (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer Issuing Entity shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller Depositor of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer Issuing Entity is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes Notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's ’s powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 4 contracts

Samples: Swap Counterparty Rights Agreement (Capital Auto Receivables Asset Trust 2007-2), Swap Counterparty Rights Agreement (Capital Auto Receivables Asset Trust 2007-3), Swap Counterparty Rights Agreement (Capital Auto Receivables LLC)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d3.07(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC World Omni of its obligations under the Pooling Sale and Servicing Agreement. (cd) The Issuer shall deliver to promptly give the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, Counterparty a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture TrusteeTrustee pursuant to Section 5.01(b) of the Indenture, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d5.01(a)(iii) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (d) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (e) The Indenture Trustee Issuer shall promptly give deliver to the Primary Swap Counterparty written notice summaries of any waiver information, documents or reports required to be filed by the Issuer pursuant to Section 5.12 Sections 7.03(a)(i) and 7.03(a)(ii) of the Indenture. (f) The Indenture Trustee shall promptly provide deliver to the Primary Swap Counterparty written any notice of each request for action that is made and direction received the appointment of any successor servicer it shall give pursuant to Section 5.16 8.03 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic DocumentsSale and Servicing Agreement. (g) The Indenture Trustee shall mail deliver to the Primary Swap Counterparty a copy of any notice of Default which the Indenture Trustee mails to Noteholders it shall provide pursuant to Section 6.5 6.09 of the of the Indenture. (h) The Servicer or the Issuing Entity shall deliver to the Primary Swap Counterparty a copy of any notice it shall furnish pursuant to Section 10.01 of the Indenture. (i) [Reserved] (j) The Servicer shall deliver to the Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, unless such default shall have been cured prior to such date, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 8.01 of the Trust Sale and Servicing Agreement. (ik) Notice of any termination of the Trust pursuant to Section 9.01(b) of the Trust Sale and Servicing Agreement shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 2 contracts

Samples: Swap Counterparty Rights Agreement (World Omni Auto Receivables Trust 2008-B), Swap Counterparty Rights Agreement (World Omni Auto Receivables Trust 2008-A)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d3.07(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC World Omni of its obligations under the Pooling Sale and Servicing Agreement. (cd) The Issuer shall deliver to promptly give the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, Counterparty a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture TrusteeTrustee pursuant to Section 5.01(b) of the Indenture, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d5.01(a)(iii) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (d) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (e) The Indenture Trustee Issuer shall promptly give deliver to the Primary Swap Counterparty written notice summaries of any waiver information, documents or reports required to be filed by the Issuer pursuant to Section 5.12 Sections 7.03(a)(i) and 7.03(a)(ii) of the Indenture. (f) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents.[Reserved] (g) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture.[Reserved] (h) [Reserved] (i) [Reserved] (j) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, unless such default shall have been cured prior to such date, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 8.01 of the Trust Sale and Servicing Agreement. (ik) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 2 contracts

Samples: Swap Counterparty Rights Agreement (World Omni Auto Receivables LLC), Swap Counterparty Rights Agreement (World Omni Auto Receivables Trust 2007-A)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (Capital Auto Receivables Inc)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent for the CARAT 2007-SN1 Notes shall give the Primary Swap Counterparty notice of any default by the Issuer CARAT (or any other obligor upon the CARAT 2007-SN1 Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the CARAT 2007-SN1 Notes. (ab) The Issuer CARAT shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the CARAT Indenture in respect of the occurrence of a Trust Administrator Default under the Trust Sale and Administration Agreement. (c) COLT shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the COLT Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and COLT Servicing Agreement. (bd) The Issuer CARAT shall give the Primary Swap Counterparty prompt written notice of each CARAT Event of Default under the CARAT Indenture, each Trust Administrator Default, each default on the part of XXXX of its obligations under the Trust Sale and Administration Agreement and each default on the part of GMAC of its obligations under the Pooling and Administration Agreement. (e) COLT shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the COLT Indenture, each Servicer Default, each default on the part of the Seller of its obligations Default under the Trust Sale and COLT Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling COLT Sale and Servicing Contribution Agreement. (cf) The Issuer CARAT shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the CARAT Indenture Trustee, of any event which with the giving of notice and the lapse of time would become a CARAT Event of Default under Section 5.1(c) of the CARAT Indenture, its status and what action CARAT is taking or proposes to take with respect thereto. (g) COLT shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the COLT Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d5.1(c) of the COLT Indenture, its status and what action the Issuer COLT is taking or proposes to take with respect thereto. (dh) If an a CARAT Event of Default should occur and be continuing under the CARAT Indenture, and the CARAT Indenture Trustee or the requisite percentage of the Holders of the CARAT 2007-SN1 Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the CARAT Indenture, then the CARAT Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ei) If an Event of Default should occur and be continuing under the COLT Indenture, and the COLT Indenture Trustee or the requisite percentage of the Holders of the COLT 2007-SN1 Secured Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the COLT Indenture, then the COLT Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (j) The CARAT Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the CARAT Indenture. (fk) The COLT Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the COLT Indenture. (l) The CARAT Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the CARAT Indenture, with respect to the exercise of the CARAT Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the CARAT Basic Documents. (gm) The COLT Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the COLT Indenture, with respect to the exercise of the COLT Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the COLT 2007-SN1 Basic Document. (n) The CARAT Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the CARAT Indenture Trustee mails to CARAT 2007-SN1 Noteholders pursuant to Section 6.5 of the CARAT Indenture. (ho) The COLT Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the COLT Indenture Trustee mails to COLT 2007-SN1 Secured Noteholders pursuant to Section 6.5 of the COLT Indenture. (p) The Trust Administrator shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an Officer's Certificate of any event which with the giving of notice or lapse of time, or both, would become a Trust Administrator Default under Section 7.01 of the Trust Sale and Administration Agreement. (q) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officerOfficer's certificate Certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 5.01 of the Trust Sale and COLT Servicing Agreement. (ir) Notice of any termination of the Trust trust, with respect to either CARAT or COLT, shall be given by the Servicer Trust Administrator to the Primary Swap Counterparty as soon as practicable after the Servicer Trust Administrator has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (Capital Auto Receivables Asset Trust 2007-Sn1)

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Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent Indenture Trustee shall give the Primary Swap Counterparty notice of any default by the Issuer Issuing Entity (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) 6.17 of the Indenture in respect of the occurrence of a Servicer Servicing Default under the Trust Sale and Servicing Agreement. (bc) The Issuer Issuing Entity shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller Depositor of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d6.02(c) of the IndentureSeries 2000-0 Xxxxxxxxx Supplement, its status and what action the Issuer Issuing Entity is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes Notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 5.17 of the Indenture, with respect to the exercise of the Indenture Trustee's ’s powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Servicing Default under Section 7.01 8.1 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (SWIFT Master Auto Receivables Trust)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer Issuing Entity (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer Issuing Entity shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller Depositor of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer Issuing Entity is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes Notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's ’s powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 8.1 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC NFC of its obligations under the Pooling and Servicing Agreement. (c) The Issuer shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (d) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (e) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (f) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents. (g) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (h) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 of the Trust Sale and Servicing Agreement. (i) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (Navistar Financial Retail Receivables Corporation)

Notices of Events of Default, Enforcement and Termination. (a) The Paying Agent shall give the Primary Swap Counterparty notice of any default by the Issuer (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d3.07(d) of the Indenture in respect of the occurrence of a Servicer Default under the Trust Sale and Servicing Agreement. (bc) The Issuer shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC World Omni of its obligations under the Pooling Sale and Servicing Agreement. (cd) The Issuer shall deliver to promptly give the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, Counterparty a copy of the written notice in the form of an Officer's ’s Certificate delivered to the Indenture TrusteeTrustee pursuant to Section 5.01(b) of the Indenture, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d5.01(a)(iii) of the Indenture, its status and what action the Issuer is taking or proposes to take with respect thereto. (d) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (e) The Indenture Trustee Issuer shall promptly give deliver to the Primary Swap Counterparty written notice summaries of any waiver information, documents or reports required to be filed by the Issuer pursuant to Section 5.12 Sections 7.03(a)(i) and 7.03(a)(ii) of the Indenture. (f) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents.[Reserved] (g) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture.[Reserved] (h) [Reserved] (i) [Reserved] (j) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's ’s certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01 8.01 of the Trust Sale and Servicing Agreement. (ik) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (World Omni Auto Receivables Trust 2005-B)

Notices of Events of Default, Enforcement and Termination. (a) The Indenture Trustee, as Paying Agent Agent, shall give the Primary Swap Counterparty notice of any default by the Issuer Issuing Entity (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes. (ab) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty a copy of any notice it shall deliver pursuant to Section 3.7(d) 6.17 of the Indenture in respect of the occurrence of a Servicer Servicing Default under the Trust Sale and Servicing Agreement. (bc) The Issuer Issuing Entity shall give the Primary Swap Counterparty prompt written notice of each Event of Default under the Indenture, each Servicer Default, each default on the part of the Seller Depositor of its obligations under the Trust Sale and Servicing Agreement and each default on the part of GMAC of its obligations under the Pooling and Servicing Agreement. (cd) The Issuer Issuing Entity shall deliver to the Primary Swap Counterparty, within five Business Days after learning of the occurrence thereof, a copy of the written notice in the form of an Officer's Certificate delivered to the Indenture Trustee, of any event which with the giving of notice and the lapse of time would become an Event of Default under Section 5.1(d6.02(c) of the Indenture, its status and what action the Issuer Issuing Entity is taking or proposes to take with respect thereto. (de) If an Event of Default should occur and be continuing under the Indenture, and the Indenture Trustee or the requisite percentage of the Holders of the Notes declare all of the notes Notes immediately due and payable pursuant to Section 5.2(a) of the Indenture, then the Indenture Trustee shall give prompt written notice thereof to the Primary Swap Counterparty. (ef) The Indenture Trustee shall promptly give to the Primary Swap Counterparty written notice of any waiver pursuant to Section 5.12 of the Indenture. (fg) The Indenture Trustee shall promptly provide to the Primary Swap Counterparty written notice of each request for action that is made and direction received pursuant to Section 5.16 5.17 of the Indenture, with respect to the exercise of the Indenture Trustee's powers to compel performance or enforce the obligations of the parties under the Basic Documents. (gh) The Indenture Trustee shall mail to the Primary Swap Counterparty any notice of Default which the Indenture Trustee mails to Noteholders pursuant to Section 6.5 of the Indenture. (hi) The Servicer shall deliver to the Primary Swap Counterparty promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice in an officer's certificate of any event which with the giving of notice or lapse of time, or both, would become a Servicer Servicing Default under Section 7.01 8.1 of the Trust Sale and Servicing Agreement. (ij) Notice of any termination of the Trust shall be given by the Servicer to the Primary Swap Counterparty as soon as practicable after the Servicer has received notice thereof.

Appears in 1 contract

Samples: Swap Counterparty Rights Agreement (SWIFT Master Auto Receivables Trust)

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