Reimbursement and Additional Payment Obligation. (a) Pursuant to the Indenture, and in accordance with the priorities established in Section 4.4(a) of the Sale and Servicing Agreement, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the Policies, which reimbursement shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Policy) or Demand for Payment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate and (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Agreement together with interest thereon at a rate equal to the Late Payment Rate.
Appears in 4 contracts
Samples: Insurance Agreement (Capital One Auto Receivables LLC), Insurance Agreement (Capital One Auto Finance Trust 2004-A), Insurance Agreement (Capital One Auto Finance Trust 2005-A)
Reimbursement and Additional Payment Obligation. (a) Pursuant to the Indenture, and in accordance with the priorities established in Section 4.4(a) of the Sale and Servicing Agreement, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the Policies, which reimbursement shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Policy) or Demand for Payment Notice of Nonpayment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate and (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Insurance Agreement together with interest thereon at a rate equal to the Late Payment Rate.
Appears in 3 contracts
Samples: Insurance Agreement (Capital One Auto Receivables LLC), Insurance Agreement (Capital One Auto Receivables LLC), Insurance Agreement (Capital One Auto Finance Trust 2007-C)
Reimbursement and Additional Payment Obligation. (a) Pursuant to the Indenture, and in In accordance with the priorities established in Section 4.4(a) 4.4 of the Sale and Servicing Agreement, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the Policies, which reimbursement shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Policy) or Demand for Payment Notice of Nonpayment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate and (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Insurance Agreement together with interest thereon at a rate equal to the Late Payment Rate.
Appears in 2 contracts
Samples: Insurance Agreement (Santander Drive Auto Receivables Trust 2007-1), Insurance Agreement (Santander Drive Auto Receivables Trust 2007-3)
Reimbursement and Additional Payment Obligation. (a) Pursuant to the Indenture, and in In accordance with the priorities established in Section 4.4(a5.05(c) of the Sale and Servicing AgreementIndenture, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the Policies, which reimbursement shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Policy) or Demand for Payment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate and (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Agreement together with interest thereon at a rate equal to the Late Payment Rate.
Appears in 1 contract
Samples: Insurance Agreement (Capital One Auto Finance Trust 2002-C)