Defaulting Purchaser Groups. (a) Notwithstanding any provision of this Indenture Supplement to the contrary, if at any time a Purchaser Group becomes a Defaulting Purchaser Group, then the following provisions shall apply: (i) no Commitment Fee shall accrue (or be payable) on the Class A Maximum Purchaser Group Invested Amount of such Defaulting Purchaser Group; and (ii) the Commitment Percentage of such Defaulting Purchaser Group shall not be included in determining whether the Series 2010-1 Required Investor Noteholders or all Non-Conduit Purchasers, CP Conduit Purchasers and APA Banks have taken or may take any action hereunder; provided that any waiver, amendment or modification requiring the consent of all Non-Conduit Purchasers, CP Conduit Purchasers and APA Banks which affects such Defaulting Purchaser Group differently than other affected Purchaser Groups shall require the consent of such Defaulting Purchaser Group. For the avoidance of doubt, no provision of this Section 2.11 shall be deemed to relieve any Defaulting Purchaser Group of its commitment hereunder and the Issuer may pursue all rights and remedies available to it under the law in connection with the event(s) which resulted in such Purchaser Group becoming a Defaulting Purchaser Group.
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Sources: Indenture Supplement (PHH Corp), Indenture Supplement (PHH Corp)
Defaulting Purchaser Groups. (a) Notwithstanding any provision of this Indenture Supplement to the contrary, if at any time a Purchaser Group becomes a Defaulting Purchaser Group, then the following provisions shall apply:
(i) no Commitment Fee shall accrue (or be payable) on the Class A Maximum Purchaser Group Invested Amount of such Defaulting Purchaser Group; and
(ii) the Commitment Percentage of such Defaulting Purchaser Group shall not be included in determining whether the Series 20102011-1 Required Investor Noteholders or all Non-Conduit Purchasers, CP Conduit Purchasers and APA Banks have taken or may take any action hereunder; provided that any waiver, amendment or modification requiring the consent of all Non-Conduit Purchasers, CP Conduit Purchasers and APA Banks which affects such Defaulting Purchaser Group differently than other affected Purchaser Groups shall require the consent of such Defaulting Purchaser Group. For the avoidance of doubt, no provision of this Section 2.11 shall be deemed to relieve any Defaulting Purchaser Group of its commitment hereunder and the Issuer may pursue all rights and remedies available to it under the law in connection with the event(s) which resulted in such Purchaser Group becoming a Defaulting Purchaser Group.
Appears in 1 contract
Sources: Indenture Supplement (PHH Corp)