Form of Repurchase or Refinancing Notice by Indenture Trustee Clause Samples

Form of Repurchase or Refinancing Notice by Indenture Trustee. (a) Notice of repurchase or refinancing under Section 10.01 or refinancing under Section 10.03 shall be given by the Indenture Trustee by facsimile, electronic mail, overnight courier or by first-class mail, postage prepaid, transmitted or mailed prior to the applicable Repurchase Date or Refinancing Date, as applicable, to each Holder of Notes, as of the close of business on the Record Date preceding the applicable Repurchase Date or Refinancing Date, as applicable, at such Holder’s address appearing in the Note Register. In addition, for so long as any Offered Notes are listed on the Irish Stock Exchange and so long as the rules of such exchange so require, notice of an Optional Repurchase or Refinancing will also be given by the Indenture Trustee to the Ireland Paying Agent for delivery to the Irish Stock Exchange. (b) All notices of repurchase or refinancing (including notice given by the Issuer pursuant to Section 10.01) shall state: (i) the Repurchase Date or Refinancing Date, as applicable; (ii) the Repurchase Price or Refinancing Price, as applicable; (iii) that the Record Date otherwise applicable to such Repurchase Date or Refinancing Date, as applicable, is not applicable and that payments shall be made only upon presentation and surrender of such Notes and the place where such Notes are to be surrendered for payment of the Repurchase Price or Refinancing Price, as applicable (which shall be the office or agency of the Issuer to be maintained as provided in Section 3.02); and (iv) that interest and Class A-2 Commitment Fee, as applicable, on the Notes shall cease to accrue on the Repurchase Date or Refinancing Price, as applicable. (c) Notice of repurchase or refinancing of the Notes shall be given by the Indenture Trustee in the name and at the expense of the Issuer. Failure to give notice of repurchase or refinancing, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase or refinancing of any other Note.

Related to Form of Repurchase or Refinancing Notice by Indenture Trustee

  • Acceptance by Indenture Trustee (a) On the Closing Date, the Custodian shall execute and deliver to the Depositor, the Master Servicer, and the Sponsor (with a copy to the Credit Enhancer) the Initial Certification pursuant to the Custodial Agreement. If Mortgage Loans have been delivered after the Closing Date pursuant to Section 2.01(e), the Custodian shall execute and deliver to the Depositor, the Master Servicer, and the Sponsor (with a copy to the Credit Enhancer) a Delay Delivery Certification pursuant to the Custodial Agreement within the period specified in the Custodial Agreement. Within 180 days after the Closing Date, Custodian shall deliver to the Depositor, the Master Servicer, and the Sponsor (with a copy to the Credit Enhancer) a Final Certification pursuant to the Custodial Agreement. The Sponsor shall correct any defect noted in the Final Certification within 90 days of its receipt. (b) All interest of the Trust in the Mortgage Loan shall be retransferred without recourse, representation, or warranty to the Sponsor and the Asset Balance of the Mortgage Loan shall be deducted from the Loan Group Balance of the related Loan Group on the next Business Day after the Transfer Deposit Amount is deposited to the Collection Account and any other applicable requirements are satisfied if (i) the time to correct any defect in any Mortgage Loan noted on the Final Certification has expired, (ii) the Trust ever incurs any loss on any Mortgage Loan because any document in its Mortgage File is defective, or (iii) an Assignment of Mortgage to the Indenture Trustee has not been recorded in accordance with Section 2.01(i) and the Mortgage Loan is not registered on the MERS(R) System. Interest accrued on the Asset Balance of the Mortgage Loan to the end of the related Collection Period shall be the property of the Trust. The Indenture Trustee shall determine if reducing the relevant Loan Group Balance by the Asset Balance of the retransferred Mortgage Loan would cause a Transfer Deficiency for the related Loan Group. If so, the Indenture Trustee shall notify the Sponsor of the deficiency, and within five Business Days after the retransfer the Sponsor shall either

  • Redemption and Repurchase; Discharge Prior to Redemption or Maturity This Note is subject to optional redemption, and may be the subject of an Offer to Purchase, as further described in the Indenture. There is no sinking fund or mandatory redemption applicable to this Note. If the Company deposits with the Trustee money or U.S. Government Obligations sufficient to pay the then outstanding principal of, premium, if any, and accrued interest on the Notes to redemption or maturity, the Company may in certain circumstances be discharged from the Indenture and the Notes or may be discharged from certain of its obligations under certain provisions of the Indenture.

  • REPURCHASE OF NOTES AT OPTION OF HOLDERS Section 15.01. [Intentionally Omitted] 78 Section 15.02. Repurchase at Option of Holders Upon a Fundamental Change 78 Section 15.03. Withdrawal of Fundamental Change Repurchase Notice 81 Section 15.04. Deposit of Fundamental Change Repurchase Price 82 Section 15.05. Covenant to Comply with Applicable Laws Upon Repurchase of Notes 82 NO REDEMPTION Section 16.01. No Redemption 83 MISCELLANEOUS PROVISIONS

  • Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change Subject to the other terms of this Section 4.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

  • Reports by Indenture Trustee If required by TIA Section 313(a), within sixty (60) days after each December 31, beginning with December 31, 2018, the Indenture Trustee shall mail to each Noteholder as required by TIA Section 313(c) a brief report dated as of such date that complies with TIA Section 313(a). The Indenture Trustee also shall comply with TIA Section 313(b). A copy of each report at the time of its mailing to Noteholders shall be filed by the Indenture Trustee with the Commission and each stock exchange, if any, on which the Notes are listed. The Issuer shall notify the Indenture Trustee if and when the Notes are listed on any stock exchange.