Supplement. Any term contained in the Supplement shall supercede any conflicting term contained herein.
Supplement dated as of October 9, 2002, as amended by the First Amendment thereto dated as of March 1, 2008 to INDENTURE dated as of October 9, 2002, as amended and restated as of January 13, 2006, and March 17, 2016 TABLE OF CONTENTS Page ARTICLE I Definitions and Other Provisions of General Application 1 Section 1.01. Definitions 1 Section 1.02. Governing Law 7 Section 1.03. Counterparts 7 Section 1.04. Ratification of Indenture, Asset Pool 1 Supplement and Indenture Supplement 8 ARTICLE II The Class A(2017-5) Notes 9 Section 2.01. Creation and Designation 9 Section 2.02. Adjustments to Required Subordinated Percentages 9 Section 2.03. Interest Payment 9 Section 2.04. Calculation Agent; Determination of LIBOR 10 Section 2.05. Payments of Interest and Principal 11 Section 2.06. Form of Delivery of Class A(2017-5) Notes; Depository; Denominations 11
Supplement. A duly executed copy of the Supplement and all instruments and documents contemplated thereby.
Supplement. For purposes of the Base Indenture, the “Series 2018-1 Anticipated Repayment Date” shall be deemed to be an “Anticipated Repayment Date”.
Supplement. If Dealer and DFS have heretofore executed other agreements in connection with all or any part of the Collateral, this Agreement shall supplement each and every other agreement previously executed by and between Dealer and DFS, and in that event this Agreement shall neither be deemed a novation nor a termination of such previously executed agreement nor shall execution of this Agreement be deemed a satisfaction of any obligation secured by such previously executed agreement.
Supplement dated as of October 9, 2002, as amended by the First Amendment thereto dated as of March 1, 2008 to INDENTURE dated as of October 9, 2002, as amended and restated as of January 13, 2006, and March 17, 2016 TABLE OF CONTENTS Page ARTICLE I Definitions and Other Provisions of General Application 1 Section 1.01. Definitions 1 Section 1.02. Governing Law 7 Section 1.03. Counterparts 7 Section 1.04. Ratification of Indenture, Asset Pool 1 Supplement and Indenture Supplement 7
Supplement. If Dealer and CDF have previously executed other agreements pertaining to all or any part of the Collateral, this Agreement will supplement, but not amend, such agreement, and this Agreement will neither be deemed a novation nor a termination of such agreement, nor will execution of this Agreement be deemed a satisfaction of any obligation secured by such agreement.
Supplement. If an Event of Default shall occur and be continuing, the principal of and accrued interest on this Series 2020-1 Note may be declared to be due and payable in the manner and with the effect provided in the Indenture and the Series 2020-1 Supplement. The Indenture permits, with certain exceptions as therein provided, the issuance of supplemental indentures with the consent of the Requisite Global Majority, in certain specifically described instances. Any consent given by the Requisite Global Majority shall be conclusive and binding upon the Holder of this Series 2020-1 Note and on all future holders of this Series 2020-1 Note and of any Note issued in lieu hereof whether or not notation of such consent is made upon this Series 2020-1 Note. Supplements and amendments to the Indenture and the Series 2020-1 Supplement may be made only to the extent and in circumstances permitted by the Indenture and the Series 2020-1 Supplement. The Holder of this Series 2020-1 Note shall have no right to enforce the provisions of the Indenture and the Series 2020-1 Supplement or to institute action to enforce the covenants, or to take any action with respect to a default under the Indenture and the Series 2020-1 Supplement, or to institute, appear in or defend any suit or other Proceedings with respect thereto, except as provided under certain circumstances described in the Indenture and the Series 2020-1 Supplement; provided, however, that nothing contained in the Indenture and the Series 2020-1 Supplement shall affect or impair any right of enforcement conferred on the Holder hereof to enforce any payment of the principal of and interest on this Series 2020-1 Note on or after the due date thereof; provided further, however, that by acceptance hereof the Holder is deemed to have covenanted and agreed that it will not institute against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation Proceedings, or other Proceedings under any applicable bankruptcy or similar law, at any time other than at such time as permitted by Section 1311 of the Indenture and the Series 2020-1 Supplement. Each purchaser and transferee of a Series 2020-1 Note will be deemed to represent and warrant that either (i) it is not acquiring and will not hold the Series 2020-1 Note with the plan assets of an “employee benefit plan” as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), which is subject to the provisions of Title ...
Supplement. The creditor (official seal): /s/ [COMPANY SEAL] the legal representative (signature): The guarantor (official seal): /s/ [COMPANY SEAL] the legal representative (signature):
Supplement. III. We agree that the Certificate may be reoffered, resold, pledged or otherwise transferred only in compliance with the Securities Act of 1933, as amended (the "Securities Act") and other applicable laws and only (i) to the Transferor or (ii) to a limited number of institutional "accredited investors" (as defined in Rule 501(a)(1), (2), (3) or (7) under the Securities Act) and in a transaction exempt from the registration requirements of the Securities Act (upon delivery of the documentation required by the Pooling and Servicing Agreement and, if the Trustee so requires, an opinion of counsel satisfactory to the Trustee).
