Common use of Performance and Enforcement of Certain Obligations Clause in Contracts

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Depositor, the Seller and the Servicer of their respective obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, the Seller or the Servicer thereunder and the institution of legal or administrative actions or Proceedings to compel or secure performance by the Depositor, the Seller and the Servicer of their respective obligations under the Sale and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the DepositorSeller or the Servicer, the Seller and the Servicer as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereofas applicable, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, the either Seller or the Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, the Seller and or the Servicer of each of their respective obligations under the Sale and Servicing Agreement or the Seller of its obligations under and the Receivables Purchase Agreement; provided, however, nothing herein shall in any way impose on the Indenture Trustee the duty to monitor the performance of the Seller or the Servicer of any of their liabilities, duties or obligations under any Basic Document.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expenseso, the Issuer in its capacity as holder of the Mortgage Loans, shall take all such lawful action as the Indenture Trustee may request to cause the Issuer to compel or secure the performance and observance by the Depositor, the Seller and the Servicer Master Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, as pledgee of the Mortgage Loans, including the transmission of notices of default on the part of the Depositor, the Seller or the Master Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, Seller or the Seller and the Master Servicer of each of their respective obligations under the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement. (b) The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction (which direction shall be in writing or by telephone (confirmed in writing promptly 36

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expenseso, the Issuer in its capacity as holder of the Mortgage Loans, shall take all such lawful action as the Indenture Trustee may request to cause the Issuer to compel or secure the performance and observance by the Depositor, the Seller and the Servicer Master Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, as pledgee of the Mortgage Loans, including the transmission of notices of default on the part of the Depositor, the Seller or the Master Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, Seller or the Seller and the Master Servicer of each of their respective obligations under the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expenseso, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Depositor, the Seller and the Servicer Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale Pooling and Servicing Agreement or by the Seller of its obligations or the Originator under or in connection with the Receivables Purchase Agreement, in each case Contribution and Sale Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Pooling and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, the Seller or the Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, the Seller and or the Servicer of each of their respective obligations under the Sale Pooling and Servicing Agreement Agreement. (b) If an Event of Default has occurred and is continuing, the Indenture Trustee at the written direction of the Holders of 66-2/3% of the Outstanding Amount of the Notes shall exercise all rights, remedies, powers, privileges and claims of the Issuer against the Seller or the Seller of its obligations Servicer under the Receivables Purchase Agreement.or in connection

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the DepositorSeller or the Servicer, the Seller and the Servicer as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereofas applicable, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, either the Seller or the Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the DepositorSeller or the Servicer, the Seller and the Servicer as applicable, of each of their respective obligations under the Sale and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement, as applicable; provided, however, nothing herein shall in any way impose on the Indenture Trustee the duty to monitor the performance of the Seller or the Servicer of any of their liabilities, duties or obligations under any Basic Document.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s 's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the DepositorSeller or the Servicer, the Seller and the Servicer as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereofas applicable, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, the Seller or the Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, the Seller and or the Servicer of each of their respective obligations under the Sale and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expenseso, the Issuer in its capacity as holder of the Mortgage Loans, shall take all such lawful action as the Indenture Trustee may request to cause the Issuer to compel or secure the performance and observance by the Depositor, the Seller and the Servicer Master Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale Mortgage Loan Purchase Agreement and the Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Mortgage Loan Purchase Agreement and the Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, as pledgee of the Mortgage Loans, including the transmission of notices of default on the part of the Depositor, the Seller or the Master Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, Seller or the Seller and the Master Servicer of each of their respective obligations under the Sale Mortgage Loan Purchase Agreement and the Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement, as applicable.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s 's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Depositor, the Seller Sellers and the Master Servicer as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, the a Seller or the Master Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by such Seller or the Depositor, the Seller and the Master Servicer of each of their respective obligations under the Sale and Servicing Agreement Agreement. (b) If the Trustee is the Controlling Party and if an Event of Default has occurred and is continuing, the Trustee may, and at the direction (which direction shall be in writing and may include a facsimile) of the Holders of 66K% of the Outstanding Amount of the Notes shall exercise all rights, remedies, powers, privileges and claims of the Issuer against any Seller or the Seller of its obligations Master Servicer under or in connection with the Receivables Purchase Sale and Servicing Agreement., including the

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s 's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the DepositorSeller or the Servicer, the Seller and the Servicer as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Seller or the Servicer, as applicable, of its each of their obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Depositor, the Seller or the Servicer thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the Depositor, the Seller and or the Servicer of each of their respective obligations under the Sale and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the DepositorSeller, the Seller and Depositor or the Servicer Master Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Mortgage Loan Sale Agreement and Transfer and Servicing Agreement or by the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Transfer and Servicing Agreement or the Receivables Purchase Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the DepositorSeller, the Seller Depositor or the Master Servicer thereunder under the Mortgage Loan Sale Agreement and Transfer and Servicing Agreement and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the DepositorSeller, the Seller and Depositor or the Master Servicer of each of their respective obligations under the Mortgage Loan Sale Agreement and Transfer and Servicing Agreement or the Seller of its obligations under the Receivables Purchase Agreement.

Performance and Enforcement of Certain Obligations. (a) -------------------------------------------------- Promptly following a request from the Indenture Trustee to do so and at the Administrator’s 's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the DepositorSeller, the Seller Administrator, the Master Servicer and the Servicer any Subservicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Loan Sale and Agreement, the Master Servicing Agreement or by and the Seller of its obligations under or in connection with the Receivables Purchase Agreement, in each case in accordance with the terms thereof, Administration Agreement and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Loan Sale and Agreement, the Master Servicing Agreement or and the Receivables Purchase Administration Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the DepositorSeller, the Seller Master Servicer or the Servicer Administrator thereunder and the institution of legal or administrative actions or Proceedings proceedings to compel or secure performance by the DepositorSeller, the Seller and Master Servicer or the Servicer Administrator of each of their respective obligations under the Loan Sale and Agreement, the Master Servicing Agreement or the Seller of its obligations under the Receivables Purchase Administration Agreement.