Common use of Swaps Clause in Contracts

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A Senior Swap Payment, the Issuer shall pay such Class A Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Swap Payment, the Issuer shall pay such Class B Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Swap Payment, the Issuer shall pay such Class C Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections 4.4(a)(xi), (xii) and (xiii). (b) When required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangement.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause Net Swap Receipts payable by the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable shall be deposited by the Indenture Trustee in the Collection AccountAccount on the day received and treated as Available Finance Charge Collections. On any Payment Distribution Date when there shall be a Class A Senior Net Swap Payment, the Issuer shall pay such Class A Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(iiisubsection 4.4(a)(i). On any Payment Distribution Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(ivsubsection 4.4(a)(ii). On any Payment Distribution Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(vsubsection 4.4(a)(iv). On any Payment Distribution Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth shall be paid as provided in Sections 4.4(a)(xi), (xii) and (xiiisubsection 4.4(a)(x). (b) When The Servicer may, upon satisfaction of the Rating Agency Condition, and, when required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class A Swap, Class B Swap or Class C Swap, as applicable.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class M Swap with the Class M Counterparty and a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B M Noteholders and the Class C B Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class M Swap shall, at any time, be equal to the Class M Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Net Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause Receipts payable by the Class A Counterparty, the Class B M Counterparty or the Class C B Counterparty to deposit Net Swap Receipts payable shall be deposited by the Indenture Trustee in the Collection AccountAccount on the day received and treated as Available Finance Charge Collections. On any Payment Distribution Date when there shall be a Class A Senior Net Swap Payment, the Issuer shall pay such Class A Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(iiisubsection 4.4(a)(i). On any Distribution Date when there shall be a Class M Net Swap Payment, such Class M Net Swap Payment shall be paid as provided in subsection 4.4(a)(ii). On any Distribution Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(ivsubsection 4.4(a)(iii). On any Payment Distribution Date when there shall be a Class C Senior Swap Payment, the Issuer shall pay such Class C Senior Swap Payment subject to the priority of early termination payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth shall be paid as provided in Sections subsection 4.4(a)(xi), (xii) and (xiii). (b) When The Servicer may, upon satisfaction of the Rating Agency Condition, and, when required under the terms of the existing Class A Swap, Class B M Swap or Class C B Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class A Swap, Class M Swap or Class B Swap, as applicable.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A A-1 Swap with the Class A Counterparty, a Class B Swap with the Class B A-1 Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B A-1 Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A A-1 Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B A-1 Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B A-1 Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A A-1 Senior Swap Payment, the Issuer shall pay such Class A A-1 Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Swap Payment, the Issuer shall pay such Class B Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Swap Payment, the Issuer shall pay such Class C Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections 4.4(a)(xi), (xii) and (xiii). (b) When required under the terms of the existing Class A Swap, Class B A-1 Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangement.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class M Swap with the Class M Counterparty, the Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class M Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class M Swap shall, at any time, be equal to the Class M Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause Net Swap Receipts payable by the Class A Counterparty, the Class M Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable shall be deposited by the Indenture Trustee in the Collection AccountAccount on the day received and treated as Available Finance Charge Collections. On any Payment Distribution Date when there shall be a Class A Senior Net Swap Payment, the Issuer shall pay such Class A Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(iiisubsection 4.4(a)(i). On any Distribution Date when there shall be a Class M Net Swap Payment, such Class M Net Swap Payment shall be paid as provided in subsection 4.4(a)(ii). On any Distribution Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(ivsubsection 4.4(a)(iii). On any Payment Distribution Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section subsection 4.4(a)(v). On any Payment Distribution Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth shall be paid as provided in Sections 4.4(a)(xi), (xii) and (xiiisubsection 4.4(a)(xii). (b) When The Servicer may, upon satisfaction of the Rating Agency Condition, and, when required under the terms of the existing Class A Swap, Class M Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class A Swap, Class M Swap, Class B Swap or Class C Swap, as applicable.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause Net Swap Receipts payable by the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable shall be deposited by the Indenture Trustee in the Collection AccountAccount on the day received and treated as Available Finance Charge Collections. On any Payment Distribution Date when there shall be a Class A Senior Net Swap Payment, the Issuer shall pay such Class A Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(iiiSUBSECTION 4.4(a)(i). On any Payment Distribution Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(ivSUBSECTION 4.4(a)(ii). On any Payment Distribution Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth shall be paid as provided in Section 4.4(a)(vSUBSECTION 4.4(a)(iv). On any Payment Distribution Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth shall be paid as provided in Sections 4.4(a)(xi), (xii) and (xiiiSUBSECTION 4.4(a)(x). (b) When The Servicer may, upon satisfaction of the Rating Agency Condition, and, when required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class A Swap, Class B Swap or Class C Swap, as applicable.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A Senior Net Swap Payment, the Issuer shall pay such Class A Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections 4.4(a)(xi), (xii) and (xiiiSection 4.4(a)(x). (b) When required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class A Swap, Class B Swap or Class C Swap, as applicable, upon satisfaction of the Rating Agency Condition.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A Senior Net Swap Payment, the Issuer shall pay such Class A Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections Section 4.4(a)(xi), (xii) and (xiii). (b) When required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class A Swap, Class B Swap or Class C Swap, as applicable, upon satisfaction of the Rating Agency Condition.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A Senior Swap Payment, the Issuer shall pay such Class A Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections Section 4.4(a)(xi), (xii) and (xiii). (b) When required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangement.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A Senior Swap Payment, the Issuer shall pay such Class A Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Net Swap Payment, the Issuer shall pay such Class B Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Net Swap Payment, the Issuer shall pay such Class C Senior Net Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments early termination payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections Section 4.4(a)(xi), (xii) and (xiii). (b) When required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangementreplacement Class B Swap or Class C Swap, as applicable, upon satisfaction of the Rating Agency Condition.

Swaps. (a) On or prior to the Closing Date, the Issuer shall enter into a Class A Swap with the Class A Counterparty, a Class B Swap with the Class B Counterparty and a Class C Swap with the Class C Counterparty for the benefit of the Class A Noteholders, the Class B Noteholders and the Class C Noteholders, respectively. The aggregate notional amount under the Class A Swap shall, at any time, be equal to the Class A Note Principal Balance at such time. The aggregate notional amount under the Class B Swap shall, at any time, be equal to the Class B Note Principal Balance at such time. The aggregate notional amount under the Class C Swap shall, at any time, be equal to the Class C Note Principal Balance. The Issuer shall cause the Class A Counterparty, the Class B Counterparty or the Class C Counterparty to deposit Net Swap Receipts payable in the Collection Account. On any Payment Date when there shall be a Class A Senior Swap Payment, the Issuer shall pay such Class A Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iii). On any Payment Date when there shall be a Class B Senior Swap Payment, the Issuer shall pay such Class B Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(iv). On any Payment Date when there shall be a Class C Senior Swap Payment, the Issuer shall pay such Class C Senior Swap Payment subject to the priority of payments set forth in Section 4.4(a)(v). On any Payment Date when there shall be Subordinated Termination Payments or any other miscellaneous payments payable by the Issuer to the Counterparties, the Issuer shall pay such amounts subject to the priority of payments set forth in Sections 4.4(a)(xi), (xii) and (xiiixii). (b) When required under the terms of the existing Class A Swap, Class B Swap or Class C Swap, the Issuer shall obtain a Qualifying Substitute Arrangement.