Common use of Action on Notes Clause in Contracts

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 232 contracts

Sources: Indenture (GMACM Home Loan Trust 2006-Hltv1), Indenture (Home Equity Loan Trust 2006-Hsa3), Indenture (GMACM Home Equity Loan Trust 2007-He1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06 of the Sale and Servicing Agreement.

Appears in 113 contracts

Sources: Indenture (Toyota Auto Receivables 2025-C Owner Trust), Indenture (Toyota Auto Receivables 2025-C Owner Trust), Indenture (Toyota Auto Receivables 2025-B Owner Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 113 contracts

Sources: Indenture (World Omni Auto Receivables Trust 2025-C), Indenture (World Omni Auto Receivables Trust 2025-C), Indenture (World Omni Auto Receivables Trust 2025-B)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 107 contracts

Sources: Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2025-3), Indenture (Carmax Auto Funding LLC)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 91 contracts

Sources: Indenture (Hyundai Abs Funding LLC), Indenture (Hyundai Auto Receivables Trust 2025-B), Indenture (Hyundai Auto Receivables Trust 2025-B)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 83 contracts

Sources: Indenture (Ford Credit Auto Receivables Two LLC), Indenture (Ford Credit Auto Receivables Two L P), Indenture (Preferred Securitization Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Owner Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 77 contracts

Sources: Indenture (Honda Auto Receivables 2025-2 Owner Trust), Indenture (Honda Auto Receivables 2025-2 Owner Trust), Indenture (American Honda Receivables LLC)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 74 contracts

Sources: Indenture (Mercedes-Benz Auto Lease Trust 2025-A), Indenture (Mercedes-Benz Auto Lease Trust 2025-A), Indenture (Mercedes-Benz Auto Receivables Trust 2025-1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 54 contracts

Sources: Indenture (SLM Funding LLC), Indenture (SLM Funding LLC), Indenture (Navient Funding, LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 52 contracts

Sources: Indenture (Harley Davidson Customer Funding Corp), Indenture (Eaglemark Inc), Indenture (Heller Funding Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Owner Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.04(a).

Appears in 42 contracts

Sources: Indenture (Nissan Auto Receivables 2025-a Owner Trust), Indenture (Nissan Auto Receivables 2025-a Owner Trust), Indenture (Nissan Auto Receivables 2024-B Owner Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 39 contracts

Sources: Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley Davidson Motorcycle Trust 2025-A), Indenture (Harley-Davidson Motorcycle Trust 2024-B)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 37 contracts

Sources: Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2017-1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 33 contracts

Sources: Indenture (CNH Equipment Trust 2025-B), Indenture (CNH Equipment Trust 2025-B), Indenture (CNH Equipment Trust 2024-C)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 31 contracts

Sources: Indenture (American Home Mort Securities Home Mortgage Invest Tr 2004-1), Indenture (New Century Mort Sec Inc Home Equity Loan Trust 2003 6), Indenture (New Century Home Equity Loan Trust, Series 2004-3)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture or any other Transaction Document shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this IndentureIndenture or any other Transaction Document. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)the provisions of this Indenture.

Appears in 27 contracts

Sources: Omnibus Amendment (BBX Capital Corp), Omnibus Amendment (Bluegreen Vacations Corp), Indenture (Bluegreen Vacations Holding Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Owner Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 27 contracts

Sources: Indenture (American Honda Receivables Corp), Indenture (Honda Auto Receivables 2007-1 Owner Trust), Indenture (American Honda Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 27 contracts

Sources: Indenture (Mmca Auto Receivables Inc), Indenture (Pooled Auto Securities Shelf LLC), Indenture (Mmca Auto Receivables Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money funds or other property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b8.3(c).

Appears in 26 contracts

Sources: Indenture (GE TF Trust), Indenture (GE TF Trust), Indenture (GE TF Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee as a recovery of any judgment on the Notes or under this Indenture shall be applied in accordance with Section 5.04(b)) as provided therein, and otherwise in accordance with Section 8.02.

Appears in 20 contracts

Sources: Indenture (BMW Vehicle Owner Trust 2025-A), Indenture (BMW Vehicle Owner Trust 2025-A), Indenture (BMW Vehicle Owner Trust 2024-A)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(c).

Appears in 19 contracts

Sources: Indenture (Mmca Auto Receivables Trust Ii), Indenture (Mmca Auto Owner Trust 2002-4), Indenture (Mmca Auto Owner Trust 2002-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 18 contracts

Sources: Indenture (SLM Education Credit Funding LLC), Indenture (SLM Education Credit Funding LLC), Indenture (First Union Student Loan Trust 1997-1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.04(a).

Appears in 16 contracts

Sources: Indenture (Nissan Auto Receivables 2015-C Owner Trust), Indenture (Nissan Auto Receivables 2015-C Owner Trust), Indenture (Nissan Auto Receivables Corp Ii)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 15 contracts

Sources: Indenture (Harley-Davidson Motorcycle Trust 2006-3), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley-Davidson Motorcycle Trust 2004-2)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Pledged Assets or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 15 contracts

Sources: Indenture (Uacsc Auto Trusts Uacsc 1999-D Owner Trust Auto Rec Bac Note), Indenture (Uacsc 2001-C Owner Trust), Indenture (Uacsc 2002-a Owner TRST Auto Receivable Back Nt)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 14 contracts

Sources: Indenture (Case Receivables Ii Inc), Indenture (CNH Receivables Inc), Indenture (CNH Capital Receivables Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 14 contracts

Sources: Indenture (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1), Indenture (Master Financial Asset Securitization Trust 1998-2), Indenture (H&r Block Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Owners shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 14 contracts

Sources: Indenture (Imc Home Equity Loan Owner Trust 1998-6), Indenture (First Alliance Mortgage Loan Trust 1998-2), Indenture (First Alliance Mortgage Loan Trust 1998-1a)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 14 contracts

Sources: Indenture (Opteum Mortgage Acceptance CORP), Indenture (Deutsche Mortgage Securities Inc), Indenture (American Home Mortgage Assets LLC)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or the Grantor Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the IssuerIssuing Entity or the Grantor Trust. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 13 contracts

Sources: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders holders of the Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b) or (c), as the case may be.

Appears in 12 contracts

Sources: Indenture, Indenture, Indenture

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 11 contracts

Sources: Indenture (Homebanc Corp), Indenture (New Century Home Equity Loan Trust 2005-2), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.4(b) above.

Appears in 11 contracts

Sources: Indenture (Chec Funding LLC), Indenture (Household Mortgage Funding Corp Iii), Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002-2)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 10 contracts

Sources: Indenture (NovaStar Certificates Financing LLC), Indenture (NovaStar Certificates Financing CORP), Indenture (Accredited Mortgage Loan REIT Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 10 contracts

Sources: Indenture (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2005-2)

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 9 contracts

Sources: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), Indenture (SLM Funding Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 8 contracts

Sources: Indenture (Capitalsource Inc), Indenture (H&r Block Inc), Indenture (H&r Block Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) as provided therein, and otherwise in accordance with Section 8.02.

Appears in 7 contracts

Sources: Indenture (BMW Fs Securities LLC), Indenture (BMW Fs Securities LLC), Indenture (BMW Fs Securities LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 7 contracts

Sources: Indenture (Equivantage Acceptance Corp), Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Firstplus Investment Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Note Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 7 contracts

Sources: Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3), Indenture (Pacificamerica Money Center Inc), Indenture (Pacificamerica Money Center Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture or any other Transaction Document shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this IndentureIndenture or any other Transaction Document. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)the provisions of this Indenture.

Appears in 7 contracts

Sources: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Swap Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 7 contracts

Sources: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.4(b) hereof.

Appears in 6 contracts

Sources: Indenture (Wodfi LLC), Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator upon receipt in accordance with Section 5.04(b)) hereof.

Appears in 6 contracts

Sources: Indenture (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2), Indenture (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5), Indenture (MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders holders of the Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b) or (c), as the case may be.

Appears in 6 contracts

Sources: Indenture (National Collegiate Student Loan Trust 2007-1), Indenture (National Collegiate Student Loan Trust 2007-2), Indenture (National Collegiate Funding LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders holders of the Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 6 contracts

Sources: Indenture (Keycorp Student Loan Trust 2000-A), Indenture (Keycorp Student Loan Trust 2000-B), Indenture (Key Bank Usa National Association)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator in accordance with Section 5.04(b)) hereof.

Appears in 6 contracts

Sources: Indenture (Luminent Mortgage Trust 2005-1), Indenture (Citigroup Mortgage Loan Trust 2005-11), Indenture (Bear Stearns ARM Trust 2005-7)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Note Insurer or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 6 contracts

Sources: Indenture (Accredited Home Lenders Accredited Mort Loan Trust 2002-2), Indenture (Accredited Home Lenders Accredited Mort Loan Trust 2002-2), Indenture (Accredited Home Lenders Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the other assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 6 contracts

Sources: Indenture (Irwin Whole Loan Home Equity Trust 2005-A), Indenture (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2), Indenture (Bear Stearns Asset Backed Securities Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 6 contracts

Sources: Indenture (SLM Private Credit Student Loan Trust 2006-C), Indenture (SLM Private Credit Student Loan Trust 2006-A), Indenture (SLM Private Credit Student Loan Trust 2006-B)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee and remitted to the Trust Administrator shall be applied by the Trust Administrator in accordance with Section 5.04(b).

Appears in 5 contracts

Sources: Indenture (Indymac MBS Inc), Indenture (Cwabs Inc), Indenture (CWMBS Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.04(a).

Appears in 5 contracts

Sources: Indenture (Nissan Auto Receivables 2002 C Owner Trust), Indenture (Nissan Auto Receivables 2003-C Owner Trust), Indenture (Nissan Auto Receivables 2002 B Owner Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)5.03.

Appears in 5 contracts

Sources: Indenture (Springleaf Holdings, Inc.), Indenture (Springleaf Finance Corp), Indenture (OneMain Financial Holdings, Inc.)

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 5 contracts

Sources: Indenture (Provident Bank), Indenture Agreement (Asset Backed Securities Corp), Indenture (Pooled Auto Securities Shelf LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator in accordance with Section 5.04(b)) hereof.

Appears in 4 contracts

Sources: Indenture (Merrill Lynch Mortgage Investors Trust Series 2005-A9), Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2), Indenture (Merrill Lynch Mortgage Investors Trust, Series 2005-2)

Action on Notes. The Indenture Trustee's right to seek and --------------- recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 4 contracts

Sources: Indenture (Greenpoint Credit LLC), Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon Estate. Subject to Section 5.05, any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 4 contracts

Sources: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 4 contracts

Sources: Indenture (Accredited Mortgage Loan Trust 2005-1), Indenture (Accredited Mortgage Loan Trust 2004-4), Indenture (Accredited Mortgage Loan Trust 2005-2)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.03(b).

Appears in 4 contracts

Sources: Indenture (Household Consumer Loan Trust 1997-1), Indenture (Household Consumer Loan Trust 1997-1), Indenture (Household Consumer Loan Trust 1997-2)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the other assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 4 contracts

Sources: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Irwin Home Equity Loan Trust 2004-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 4 contracts

Sources: Indenture (Toyota Motor Credit Corp), Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Motor Credit Receivables Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Note Insurer or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 4 contracts

Sources: Indenture (Accredited Mortgage Loan Trust 2004-2), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-3)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 4 contracts

Sources: Indenture (Residential Asset Funding Corp), Indenture (Home Equity Securitization Corp), Indenture (Bear Stearns Asset Backed Securities Inc)

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Owner Trustee or the Owner Trust Estate or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerOwner Trust Estate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 4 contracts

Sources: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator upon receipt in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Sources: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-4), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture and each Terms Supplement nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 3 contracts

Sources: Indenture (Crestar Bank /Va), Indenture (Crestar Bank /Va), Master Indenture (Crestar Securitization LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee or the Insurer against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 3 contracts

Sources: Indenture (Auto Nations Receivables Corp), Indenture (Auto Nations Receivables Corp), Indenture (Auto Nations Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or the Interest Rate Cap Agreement or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 3 contracts

Sources: Indenture (Nissan Auto Lease Trust 2004-A), Indenture (Nissan Auto Lease Trust 2003-A), Indenture (Nissan Auto Leasing LLC Ii)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee[, the Securities Insurer] or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.04(B) hereof.

Appears in 3 contracts

Sources: Indenture Agreement (Hsi Asset Securitization Corp), Indenture Agreement (Bcap LLC), Indenture Agreement (Securitized Asset Backed Receivables LLC)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Hedge Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section subsection 5.04(b).

Appears in 3 contracts

Sources: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or the Interest Rate Swap Agreement under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Noteholders or the Noteholders Swap Counterparty shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 3 contracts

Sources: Indenture (Harley-Davidson Motorcycle Trust 2007-3), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley-Davidson Motorcycle Trust 2008-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee after the Trust Estate is sold or liquidated pursuant to Section 5.04(a)(iv) shall be applied in accordance with Section 5.04(b).

Appears in 3 contracts

Sources: Indenture (Regions Auto Receivables Trust 2002-1), Indenture (Regions Auto Receivables Trust 2003-1), Indenture (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2)

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.05(b).

Appears in 3 contracts

Sources: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b).the applicable Indenture Supplement. [END OF ARTICLE V]

Appears in 3 contracts

Sources: Master Indenture (Household Affinity Funding Corp Iii), Master Indenture (Household Affinity Funding Corp Iii), Master Indenture (Household Credit Card Master Note Trust I)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Sources: Indenture (GSC Capital Corp. Mortgage Trust 2006-1), Indenture (New Century Home Equity Loan Trust 2006-1), Indenture (New Century Home Equity Loan Trust 2006-2)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or Receivables Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)8.06.

Appears in 3 contracts

Sources: Omnibus Amendment (Conns Inc), Omnibus Amendment (Conns Inc), Indenture (Conns Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).. SECTION 5.16

Appears in 3 contracts

Sources: Indenture (Mmca Auto Receivables Inc), Indenture (Mmca Auto Receivables Inc), Indenture (Daimler Benz Vehicle Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money funds or other property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b8.3(d).

Appears in 3 contracts

Sources: Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Sources: Supplemental Indenture (Bear Stearns ARM Trust 2007-2), Indenture (Bear Stearns ARM Trust 2006-1), Indenture (Bear Stearns ARM Trust 2006-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 3 contracts

Sources: Indenture (Ace Securities Corp Rv & Marine Trust 2001-Rv1), Indenture (Amsouth Auto Receivables LLC), Indenture (Wells Fargo Auto Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Securities Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Sources: Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Indenture (Empire Funding Home Loan Owner Trust 1998 3), Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Hedge Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section subsection 5.04(b).

Appears in 3 contracts

Sources: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Hedge Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 2 contracts

Sources: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.04.

Appears in 2 contracts

Sources: Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Motor Credit Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Pledged Assets or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06 hereof.

Appears in 2 contracts

Sources: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Co-Issuers or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerCo-Issuers. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)5.03.

Appears in 2 contracts

Sources: Indenture (New Residential Investment Corp.), Indenture (Springleaf Finance Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 2 contracts

Sources: Indenture (Wells Fargo Financial Auto Owner Trust 2005-A), Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 2 contracts

Sources: Indenture (Accredited Mortgage Loan Trust 2005-3), Indenture (Accredited Mortgage Loan Trust 2005-4)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 2 contracts

Sources: Indenture (Capitalsource Inc), Indenture (NewStar Financial, Inc.)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)8.03 of this Indenture.

Appears in 2 contracts

Sources: Indenture (Toyota Lease Trust), Indenture (Toyota Lease Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).. 36 (2021-C Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2021-C), Indenture (Hyundai Auto Receivables Trust 2021-C)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 2 contracts

Sources: Master Indenture (World Financial Network Credit Card Master Trust), Master Indenture (World Financial Network Credit Card Master Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 2 contracts

Sources: Master Indenture (Alliance Data Systems Corp), Master Indenture (Alliance Data Systems Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 2 contracts

Sources: Indenture (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1), Indenture (Heloc Asset-Backed Notes Series 2003-2)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b).the applicable Indenture Supplement. ARTICLE SIX

Appears in 2 contracts

Sources: Master Indenture (Nordstrom Credit Inc), Master Indenture (Bon Ton Stores Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any Subject to SECTION 5.05, any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 2 contracts

Sources: Master Indenture (Compucredit Corp), Master Indenture (Compucredit Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Holders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section subsection 5.04(b).

Appears in 2 contracts

Sources: Indenture (Officemax Inc), Indenture (Officemax Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.4(b) hereof.

Appears in 2 contracts

Sources: Indenture (Collegiate Funding of Delaware LLC), Indenture (Chase Education Loan Trust 2007-A)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture and each Terms Supplement nor any rights or remedies of the Indenture Trustee or the Noteholders of any Series shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 2 contracts

Sources: Indenture (Transworld Insurance Co), Indenture Amendment (PNC Student Loan Trust I)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).. 37 (2022-B Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2022-B), Indenture (Hyundai Auto Receivables Trust 2022-B)