Equipment Loan Notes definition
Examples of Equipment Loan Notes in a sentence
All representations and warranties made hereunder and in any document, certificate or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement, the purchase of the Equipment Loan Notes hereunder, the purchase of the Receivables Notes hereunder and the termination of this Agreement.
Each Equipment Loan Note Owner and Receivables Note Owner acknowledges that it has no right to require the Issuer or the Transferor to register, under the Securities Act, as amended, or any other securities law, the Equipment Loan Notes or the Receivables Notes (or any interest therein) acquired by it pursuant to this Agreement or any Transfer Supplement.
To the extent of any conflict between the provisions of this Section 7.1 and any provisions of Section 2.12 of the Indenture applicable to Transfers of Equipment Loan Notes or Receivables Notes (or interests therein), the provisions of this Section 7.1 shall control.
In the case of Equipment Loan Notes held by an Agent as nominee on behalf of an Equipment Loan Note Purchaser in its Purchaser Group, such Agent shall allocate to each Equipment Loan Note Owner in its Purchaser Group each payment in respect of the Equipment Loan Notes received by such Agent in its capacity as Equipment Loan Noteholder as provided herein.
Such transfer and assignment from Seller to Purchaser of the Equipment Loan by collateral assignment and by individual allonges of the Equipment Loan Notes and Assignments of the Security Agreements in blank validly assigns all of Seller’s right, title and ownership of the Equipment Loan to Purchaser (and, with respect to the Security Agreement, to the Collateral Agent) free and clear of any pledge, lien, encumbrance or security interest.
It is the intention of the parties hereto that, for purposes of federal, state and local and franchise tax and any other tax measured in whole or in part by income, the Equipment Loan Notes and Receivables Notes be treated as indebtedness, and the parties hereto agree to so treat, and to take no action inconsistent with such treatment of the Equipment Loan Notes and Receivables Notes (to the extent permitted by law).
The amounts outstanding under each Equipment Loan shall be evidenced by separate promissory notes, substantially in the form of Exhibit A hereto (together with any attachments thereto and amendments or modifications thereof in effect from time to time, an "Equipment Loan Note" and collectively the "Equipment Loan Notes").
If the aggregate principal amount of the Equipment Loans outstanding under the Equipment Loan Notes should at any time exceed the Equipment Loan Commitment, Borrower shall immediately repay a sufficient amount of the Equipment Loans as shall be required to eliminate the excess.
The Equipment Loans shall be repayable in accordance with the terms of the Equipment Loan Notes and shall be secured by all of the Collateral.
In the event the Servicer elects to exercise its option, the Issuer shall redeem the Equipment Loan Notes and the Receivables Notes in accordance with this Section 10.01 effective as of such date of purchase.