Modification to and Ratification of Agreement Sample Clauses

Modification to and Ratification of Agreement. For purposes --------------------------------------------- of this Supplement and each Collateral Series: (a) Section 2.6(a) shall be deemed to read as follows: (a) If either (i) on any Record Date, the Aggregate Principal Balance is less than the Minimum Aggregate Principal Balance, or (ii) on any day the Aggregate Principal Balance is less than the greater of (A) the sum of the Aggregate Investor Amount, plus the Minimum Seller Amount, in each case as of such date and (B) the sum of the numerators used to determine the Investor Percentages for Principal Collections for all Series outstanding on such date, either Seller or Servicer (whichever shall first become aware of the same) promptly shall give the Trustee written notice thereof, and as soon as practicable (but in no event later than 10 days thereafter) Seller shall designate additional Eligible Accounts ("Additional Accounts") to be included as Accounts and shall transfer the Receivables in such Additional Accounts to the Trust, in a sufficient amount so that (x) in the case of clause (i) above, the Aggregate Principal Balance on such Record Date would have, if the Receivables from such Additional Accounts had been transferred to the Trust on or prior to such Record Date, at least equalled the Minimum Aggregate Principal Balance and (y) in the case of clause (ii) above, Aggregate Principal Balance on such day would have, if the Receivables from such Additional Accounts had been transferred to the Trust on or prior to such day, at least equalled the greater of the amounts described in clauses (ii)(A) and (ii)(B) above. If Seller fails to transfer Receivables as required by the preceding sentence, then the Trustee shall give Seller immediate notice thereof;" and (b) Section 2.6(b) shall be deemed to read as follows: (b) In addition to its obligation under subsection 2.6(a), Seller may, but shall not be obligated to, from time to time, designate Additional Accounts to be included as Accounts, so long as after giving effect to such addition no more than 20% of the Receivables, by outstanding balance , will be 30 or more days delinquent." (c) the following new clause (d) is added at the end of Section 2.7(b)(iii) of the Agreement: "and (d) Accounts (or administratively convenient groups of Accounts, such as billing cycles) were chosen for removal randomly or otherwise not on a basis intended to select particular accounts or groups of accounts for any reason other than administrative convenience;" (d) not...
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Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) shall not be applicable to any Collateral Series. In addition, to the extent that the terms of this Series Supplement (directly or as supplemented by any Indenture Supplement) are deemed to be inconsistent with the terms of the Agreement, this Series Supplement shall be deemed to modify or amend the terms of the Agreement solely as applied to each Collateral Series affected by any such inconsistency, as permitted by Section 6.3(b) of the Agreement. Otherwise, as supplemented by this Series Supplement (and the various Indenture Supplements executed form time to time), the Agreement is in all respects ratified and confirmed and the Agreement as so amended and supplemented by this Series Supplement shall be read, taken and construed as one and the same instrument.
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Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Sections 3.07 (Tax Treatment) and 12.01(c) (Termination of Trust) shall not be applicable to any Collateral Series; and (b) For purposes of voting with respect to any consent, approval, waiver, direction or other matter under the Agreement or this Supplement, (i) each class of notes included in any Note Series shall be deemed to be a Class of Certificates in the related Collateral Series, (ii) the Outstanding Amount (as defined in the Indenture) of each class of notes shall be deemed to be its unpaid Initial Investor Interest, (iii) the Indenture Trustee shall vote with respect to any consent, approval, waiver, direction or other matter under the Agreement or this Supplement, but only as directed by the beneficial owners of such notes and the (iv) provisions for voting by beneficial owners of such notes specified in the Indenture shall apply mutatis mutandis to voting under the Agreement and this Supplement. (c) In addition, to the extent that the terms of this Supplement (directly or as supplemented by any Indenture Supplement) are deemed to be inconsistent with the terms of the Agreement, this Supplement shall be deemed to modify or amend the terms of the Agreement solely as applied to each Collateral Series affected by any such inconsistency, as permitted by Section 6.09(c) of the Agreement. Otherwise, as amended and supplemented by this Supplement (and the various Indenture Supplements executed from time to time), the Agreement is in all respects ratified and confirmed and the Agreement as so amended and supplemented by this Supplement shall be read, taken and construed as one and the same instrument.
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Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) shall not be applicable to any Collateral Series. In addition, to the extent that the terms of this Series Supplement (directly or as supplemented by any Indenture Supplement) are deemed to be inconsistent with the terms of the Agreement, this Series Supplement shall be deemed to modify or amend the terms of the Agreement solely as applied to each Collateral Series affected by any such inconsistency, as permitted by Section 6.9(c) of the Agreement. Otherwise, as supplemented by this Series Supplement (and the various Indenture Supplements executed form time to time), the Agreement is in all respects ratified and confirmed and the Agreement as so amended and supplemented by this Series Supplement shall be read, taken and construed as one and the same instrument; provided, however, that pursuant to Section 9.2(a) of the Agreement, the Trustee shall sell the portion of the Receivables allocable to each Collateral Series unless instructed not to sell, dispose of or otherwise liquidate the Receivables by holders of interests aggregating more than 50% of each Class of each Series (including a majority in interest in each collateral indebtedness interest or collateralized trust obligation), each holder of an interest in the Transferor Interest other than the Transferor and any other Person specified in a Supplement.
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Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) of the Agreement shall not be applicable to any Collateral Series. (c) The following definitions shall apply:
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Modification to and Ratification of Agreement. For purposes of this Supplement and each Collateral Series: (a) Notwithstanding anything to the contrary in Section 3.2 of the Agreement, the Servicing Fee payable with respect to each Note Series and the related Collateral Series shall be solely as set forth in the related Indenture Supplement; and (b) Sections 3.7 and 12.2(c) of the Agreement shall not be applicable to any Collateral Series. (c) The following definitions shall apply:
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Related to Modification to and Ratification of Agreement

  • Ratification of Agreement As supplemented by this Supplement, the Agreement is in all respects ratified and confirmed and the Agreement as so supplemented by this Supplement shall be read, taken and construed as one and the same instrument.

  • Ratification and Confirmation of Agreement In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.

  • Ratification of Agreements The Original Agreement as hereby amended is hereby ratified and confirmed in all respects. The Loan Documents, as they may be amended or affected by this Amendment, are hereby ratified and confirmed in all respects. Any reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Original Agreement as hereby amended. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders under the Credit Agreement, the Notes, or any other Loan Document nor constitute a waiver of any provision of the Credit Agreement, the Notes or any other Loan Document.

  • Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

  • Ratification and Reaffirmation Each Borrower hereby ratifies and reaffirms the Obligations, each of the Loan Documents and all of such Borrower's covenants, duties, indebtedness and liabilities under the Loan Documents.