Certain Findings, Determinations and Designations. The Corporation hereby finds and determines as follows: (A) The Original Indenture has not been amended, supplemented or repealed since the execution thereof. This First Supplemental Indenture supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture. (B) No Notes have heretofore been issued under the Indenture. The Series 1999-1A Notes and the Series 1999-1B Notes constitute, and are hereby designated as, "Class A Notes" within the meaning of the term as defined and used in the Indenture, and the Series 1999-1C Notes constitute, and are hereby designated as, "Class B Notes" within the meaning of the term as defined and used in the Indenture. (C) Upon receipt of the proceeds of the sale of the Series 1999-1 Notes: (1) the revenues and other moneys and property pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property pledged under the Indenture other than the Series 1999-1 Notes. (D) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 2 contracts
Sources: First Supplemental Indenture of Trust (Education Loans Inc /De), First Supplemental Indenture of Trust (Education Loans Inc /De)
Certain Findings, Determinations and Designations. The Corporation Issuer hereby finds and determines as follows:
(Aa) The Original Indenture has not been amended, supplemented or repealed since the execution thereof. This First Supplemental Indenture _____ Supplement supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(Bb) No Notes have heretofore been issued under the Indenture. The Series 1999-1A Notes and the Series 1999-1B 200_-_ Senior Notes constitute, and are hereby designated as, "Class A Senior Notes" within the meaning of the term as defined and used in the Indenture and are on parity with all other Senior Note previously issued pursuant to the terms of the Indenture, and the Series 1999-1C 200_-_ Subordinate Notes constitute, and are hereby designated as, "Class B Subordinate Notes" within the meaning of the term as defined and used in the Indenture and are on parity with all other Subordinate Notes previously issued pursuant to the terms of the Indenture.
(Cc) Upon receipt of the proceeds of the sale of the Series 1999-1 200_-_ Notes:
, (1i) the revenues and other moneys and property pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; Notes and (2ii) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property pledged under the Indenture other than the Series 1999-1 NotesIndenture.
(Dd) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition condition, which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: Supplemental Indenture of Trust (College Loan Corp Trust I)
Certain Findings, Determinations and Designations. The Corporation Issuer hereby finds and determines as follows:
(Aa) The Original Indenture has not been amended, supplemented or repealed since the execution thereof. This First Supplemental Indenture supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(Bb) No Notes have heretofore been issued under the Indenture. The Series 1999-1A Notes and the Series 1999-1B 2001 Senior Notes constitute, and are hereby designated as, "Class A Senior Notes" within the meaning of the term as defined and used in the Indenture, and the Series 1999-1C 2001B Subordinate Notes constitute, and are hereby designated as, "Class B Subordinate Notes" within the meaning of the term as defined and used in the Indenture.
(Cc) Upon receipt of the proceeds of the sale of the Series 1999-1 2001 Notes:
, (1) the revenues and other moneys and property pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; Notes and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property pledged under the Indenture other than the Series 1999-1 NotesIndenture.
(Dd) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: Indenture of Trust (Collegiate Funding Services Inc)
Certain Findings, Determinations and Designations. The Corporation Issuer hereby finds and determines as follows:
(Aa) The Original Indenture has not been amended, supplemented or repealed since the execution thereof. This First Second Supplemental Indenture supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(Bb) No Notes have heretofore been issued under the Indenture. The Series 1999-1A Notes and the Series 1999-1B 2002 Senior Notes constitute, and are hereby designated as, "Class A Senior Notes" within the meaning of the term as defined and used in the Indenture, and the Series 1999-1C 2002B-2 Subordinate Notes constitute, and are hereby designated as, "Class B Subordinate Notes" within the meaning of the term as defined and used in the Indenture.
(Cc) Upon receipt of the proceeds of the sale of the Series 1999-1 2002 Notes:
, (1) the revenues and other moneys and property pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; Notes and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property pledged under the Indenture other than the Series 1999-1 2001 Notes.
(Dd) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: Indenture of Trust (Collegiate Funding Services Inc)
Certain Findings, Determinations and Designations. The ------------------------------------------------- Corporation hereby finds and determines as follows:
(A) The Original Indenture Indenture, except as provided in the First Supplemental Indenture, has not been amended, supplemented or repealed since the execution thereof. This First Second Supplemental Indenture amends and supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(B) No Notes Note, other than the Series 1999-1 Notes, have heretofore been issued under the Indenture. The Series 19992000-1A Notes and the Series 19992000-1B Notes constitute, and are hereby designated as, "Class A Notes" within the meaning of the term as defined and used in the Indenture, and the Series 19992000-1C Notes constitute, and are hereby designated as, "Class B Notes" within the meaning of the term as defined and used in the Indenture.
(C) Upon receipt of the proceeds of the sale of the Series 19992000-1 Notes:
(1) the revenues and other moneys and property Trust Estate pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property Trust Estate pledged under the Indenture other than the Series 19992000-1 Notes.
(D) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: Second Supplemental Indenture of Trust (Education Loans Inc /De)
Certain Findings, Determinations and Designations. The ------------------------------------------------- Corporation hereby finds and determines as follows:
(A) The Original Indenture has not been amended, supplemented or repealed since the execution thereof. This First Supplemental Indenture amends and supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(B) No Notes have heretofore been issued under the Indenture. The Series 19991997-1A Notes and the Series 1999-1B 1 Senior Notes constitute, and are hereby designated as, "Class A Notes" within the meaning of the term as defined and used in the Indenture, and the Series 19991997-1C 1 Subordinate Notes constitute, and are hereby designated as, "Class B Notes" within the meaning of the term as defined and used in the Indenture.
(C) Upon receipt of the proceeds of the sale of the Series 19991997-1 Notes:
(1) the revenues and other moneys and property pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property pledged under the Indenture other than the Series 1999-1 NotesIndenture.
(D) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: First Supplemental Indenture of Trust (Education Loans Inc /De)
Certain Findings, Determinations and Designations. The Corporation hereby finds and determines as follows:
(A) The Original Indenture, except as provided in the First Supplemental Indenture and the Second Supplemental Indenture, has not been amended, supplemented or repealed since the execution thereof. This First Third Supplemental Indenture amends and supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(B) No Note, other than the Series 1999-1 Notes and the Series 2000-1 Notes, have heretofore been issued under the Indenture. The Series 19992001-1A Notes and the Series 19992001-1B Notes constitute, and are hereby designated as, "Class A Notes" within the meaning of the term as defined and used in the Indenture, and the Series 19992001-1C Notes constitute, and are hereby designated as, "Class B Notes" within the meaning of the term as defined and used in the Indenture.
(C) Upon receipt of the proceeds of the sale of the Series 19992001-1 Notes:
(1) the revenues and other moneys and property Trust Estate pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property Trust Estate pledged under the Indenture other than the Series 19992001-1 Notes.
(D) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: Third Supplemental Indenture of Trust (Education Loans Inc /De)
Certain Findings, Determinations and Designations. The Corporation hereby finds and determines as follows:
(A) The Original Indenture has not been amended, supplemented or repealed since the execution thereof. This First Supplemental Indenture supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(B) No Notes have heretofore been issued under the Indenture. The Series 19992004-1A A1 Notes, the Series 2004-A2 Notes, the Series 2004-A3 Notes, the Series 2004-A4 Notes and the Series 19992004-1B A5 Notes constitute, and are hereby designated as, "Class A Notes" within the meaning of the term as defined and used in the Indenture, and the Series 19992004-1C B1 Notes constitute, and are hereby designated as, "Class B Notes" within the meaning of the term as defined and used in the Indenture.
(C) Upon receipt of the proceeds of the sale of the Series 19992004-1 Notes:
(1) the revenues and other moneys and property Trust Estate pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property Trust Estate pledged under the Indenture other than the Series 19992004-1 Notes.
(D) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: First Supplemental Indenture of Trust (Education Loans Inc /De)
Certain Findings, Determinations and Designations. The Corporation hereby finds and determines as follows:
(A) The Original Indenture, except as provided in the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture, has not been amended, supplemented or repealed since the execution thereof. This First Fourth Supplemental Indenture amends and supplements the Indenture, constitutes and is a "Supplemental Indenture" within the meaning of such term as defined and used in the Indenture and is executed under and pursuant to the Indenture.
(B) No Note, other than the Series 1999-1 Notes, the Series 2000-1 Notes and the Series 2001-1 Notes, have heretofore been issued under the Indenture. The Series 19992002-1A Notes and the Series 19992002-1B Notes constitute, and are hereby designated as, "Class A Notes" within the meaning of the term as defined and used in the Indenture, and the Series 19992002-1C Notes constitute, and are hereby designated as, "Class B Notes" within the meaning of the term as defined and used in the Indenture.
(C) Upon receipt of the proceeds of the sale of the Series 19992002-1 Notes:
(1) the revenues and other moneys and property Trust Estate pledged under the Indenture will not be encumbered by any lien or charge thereon or pledge thereof, other than the lien and charge thereon and pledge thereof created by the Indenture for the payment and security of the Notes; and (2) there will not be outstanding any bonds, notes or other evidences of indebtedness payable from and secured by a lien on or pledge or charge upon the revenues and other moneys and property Trust Estate pledged under the Indenture other than the Series 19992002-1 Notes.
(D) There does not exist an "Event of Default," within the meaning of such term as defined in the Indenture, which is continuing, nor does there exist any condition which, after the passage of time, would constitute such an "Event of Default."
Appears in 1 contract
Sources: Fourth Supplemental Indenture of Trust (Education Loans Inc /De)