Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any Transferor, the Indenture Trustee, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset Pool.
Appears in 5 contracts
Samples: Indenture (Capital One Master Trust), Indenture (Capital One Master Trust), Indenture
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Transferor, the Indenture Trustee, the Collateral Agent, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Supplements and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset Pool.
Appears in 4 contracts
Samples: Indenture (Bank One Delaware National Association), Indenture Agreement (First Usa Credit Card Master Trust), Indenture (Chase Manhattan Bank Usa)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed specified in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder and to make payments in respect of any Derivative Agreement, Supplemental Credit Enhancement Agreement or Supplemental Liquidity Agreement, as applicable, will be without recourse to any the Transferor, Chase USA, the Indenture Trustee, the Collateral Agent, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer Issuing Entity to pay principal of or interest on the Notes or any other amount payable to any Noteholder and to make payments in respect of any Derivative Agreement, Supplemental Credit Enhancement Agreement or Supplemental Liquidity Agreement, as applicable, will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Supplements and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolPool One.
Appears in 4 contracts
Samples: Indenture (Chase Card Funding LLC), Indenture (Chase Issuance Trust), Indenture (Chase Issuance Trust)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Transferor, the Indenture Trustee, the Owner Trustee or any Affiliate, officer, employee employee, member or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Servicing Agreement, this Indenture, and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolCollateral.
Appears in 3 contracts
Samples: Indenture (Barclays Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Transferor, the Indenture Trustee, the Owner Trustee or any Affiliate, officer, employee employee, member or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Transfer and Servicing Agreement and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolCollateral.
Appears in 3 contracts
Samples: Indenture (American Express Issuance Trust), Indenture (American Express Issuance Trust), Indenture Agreement (American Express Issuance Trust)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Beneficiary, the Transferor, the Servicer, BACCS, the Account Owner, the Indenture Trustee, the Owner Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 2 contracts
Samples: Indenture (BA Master Credit Card Trust II), Indenture (BA Master Credit Card Trust II)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date for such Holder's Note expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, and without limiting in any way the effect of Section 1402, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any TransferorNational City, the Seller, the Servicer, the Indenture Trustee, the Beneficiary, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation allocation, deposit and payment provisions of the applicable Asset Pool Supplement this Indenture and the applicable related Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplement.
Appears in 2 contracts
Samples: Indenture (National City Credit Card Master Trust), Indenture (National City Bank /)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will shall have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Final Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will shall not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will shall be without recourse to any TransferorCWRI, the Indenture Trustee, the Owner Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will shall be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 2 contracts
Samples: Indenture (CNH Wholesale Receivables Inc), Indenture (CNH Wholesale Receivables Inc)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will shall have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will shall not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will shall be without recourse to any the Transferor, AFCO Acceptance, AFCO Credit, the Indenture Trustee, the Owner Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will shall be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 2 contracts
Samples: Indenture (Mellon Bank Premium Finance Loan Master Trust), Indenture (Mellon Premium Finance Loan Owner Trust)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Beneficiary, the Transferor, the Servicer, WFBNA, the Indenture Trustee, the Paying Agent, the Note Registrar, the Owner Trustee (including with respect to the Indenture Trustee, the Paying Agent, the Note Registrar and the Owner Trustee, each in their individual capacities) or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 1 contract
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of interest on such Notes as it becomes due and payable and the principal of and interest on such Note on the Legal Final Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any TransferorNFSC, the Indenture Trustee, the Master Owner Trust Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 1 contract
Samples: Indenture (Navistar Financial Dealer Note Master Trust)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of interest on such Notes as it becomes due and payable and the principal of and interest on such Note on the Legal Final Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any TransferorNFSC, the Indenture Trustee, the Master Owner Trust Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to ARTICLE V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 1 contract
Samples: Indenture (Navistar Financial Dealer Note Master Trust)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed specified in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder and to make payments in respect of any Derivative Agreement, Supplemental Credit Enhancement Agreement or Supplemental Liquidity Agreement, as applicable, will be without recourse to any the Transferor, the Indenture Trustee, the Collateral Agent, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer Issuing Entity to pay principal of or interest on the Notes or any other amount payable to any Noteholder and to make payments in respect of any Derivative Agreement, Supplemental Credit Enhancement Agreement or Supplemental Liquidity Agreement, as applicable, will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Supplements and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset Pool.
Appears in 1 contract
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Beneficiary, the Transferor, the Servicer, WFBNA, the Indenture Trustee, the Note Registrar, the Owner Trustee (including with respect to the Indenture Trustee, the Note Registrar and the Owner Trustee, each in their individual capacities) or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 1 contract
Samples: Indenture (WF Card Funding LLC)
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Transferor, the Indenture Trustee, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer Issuing Entity to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolNotes.
Appears in 1 contract
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Transferor, the Indenture Trustee, the Collateral Agent, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer Issuing Entity to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Supplements and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset Pool.
Appears in 1 contract
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of interest on such Notes as it becomes due and payable and the principal of and interest on such Note on the Legal Final Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any TransferorNFSC, the Indenture Trustee, the Owner Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer Issuing Entity to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 1 contract
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Transferor, the Indenture Trustee, the Owner Issuer Trustee or any Affiliate, officer, employee employee, member or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to the allocation and payment provisions of the applicable Asset Pool Supplement Servicing Agreement and the applicable Indenture Supplement Supplements and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolCollateral.
Appears in 1 contract
Samples: Trust Indenture
Unconditional Right of Noteholders to Receive Principal and Interest; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any the Beneficiary, the Transferor, the Servicer, the Account Owner, the Indenture Trustee, the Owner Trustee or any Affiliateaffiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation and payment provisions of the applicable Asset Pool Supplement and the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes of the applicable Asset PoolSupplements.
Appears in 1 contract