Common use of Payment of Principal and Interest; Defaulted Interest Clause in Contracts

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable on each Payment Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or the applicable Final Scheduled Payment Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 3 contracts

Sources: Indenture (USAA Auto Owner Trust 2006-1), Indenture (USAA Auto Owner Trust 2006-3), Indenture (USAA Auto Owner Trust 2006-4)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Note Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, principal payable on any a Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued except that (i) upon written request of a Noteholder to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Paying Agent not later than the Record Date in prior to the name of related Distribution Date or (ii) if the registered Noteholder is the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.)Agency, payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, Holder and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Distribution Date or on the applicable Note Final Scheduled Payment Distribution Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as provided in this Indenture and in the forms form of Notes the Note set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. A. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or Holders of the Noteholders of Notes evidencing representing not less than a majority of the principal amount Outstanding Amount of the Controlling Class Notes have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 3 contracts

Sources: Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue bear interest at as provided in the Class A-1 Rate, forms of the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as Note set forth in Exhibit A-1A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be due and payable on each Payment Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either Date, by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid funds to such Person's address account as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or on the applicable Final Scheduled Payment Date, Date (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.1(a)) which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes the Note set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. A. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if upon the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount direction of the Controlling Class have declared the Notes Party pursuant to be immediately due and payable in the manner provided in Section 5.

Appears in 2 contracts

Sources: Indenture (TFC Enterprises Inc), Indenture (TFC Enterprises Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable on each Payment Date as specified therein, subject to SectionClass 3.1. Any installment of interest or principal, if any, payable on any Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Distribution Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date, Prepayment Redemption Date or the applicable Final Scheduled Payment Distribution Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇ ▇-▇, ▇▇hibit A-3, Exhibit A-4, ▇▇▇▇▇▇▇ ▇-▇, ▇▇▇▇▇▇▇ ▇-▇ ▇▇▇ Exhibit A-7 hereto. Notwithstanding the foregoing, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.Default

Appears in 2 contracts

Sources: Indenture (Ford Credit Auto Receivables Two L P), Indenture (Ford Credit Auto Receivables Two L P)

Payment of Principal and Interest; Defaulted Interest. (a) The Each Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B of Notes shall accrue interest at the Class A-1 related Interest Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified thereinin Article Five of the Sale and Servicing Agreement and in the form of the related Note set forth as an Exhibit hereto, subject to Section 3.1Section 3.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.132.11, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date, Prepayment a Redemption Date or on the applicable related Final Scheduled Payment Distribution Date, which as the case may be, which, in the case of the payment of a redemption pursuant to Section 10.01(a), shall be payable pursuant to Section 9.01(e) of the Sale and Servicing Agreement, and in each other case shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as to the extent provided in this Indenture Article Five of the Sale and Servicing Agreement and in the forms form of Notes the related Note set forth in as an Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.the

Appears in 2 contracts

Sources: Indenture (WFS Receivables Corp), Indenture (WFS Receivables Corp)

Payment of Principal and Interest; Defaulted Interest. (a) The Each Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B of Notes shall accrue interest at the Class A-1 related Interest Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available fundsDate, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date or on the related Final Distribution Date, Prepayment Date or as the applicable Final Scheduled Payment Datecase may be (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.01(a)), which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as to the extent provided in this Indenture and in the forms form of Notes the related Note set forth in as an Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority maturity of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable has been accelerated in the manner provided in Section 5.

Appears in 2 contracts

Sources: Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇respectivel▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇rest shall ▇▇ ▇▇▇ ▇▇▇ ▇▇yable ▇▇ble on each Payment Distribution Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Distribution Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date, Prepayment Redemption Date or the applicable Final Scheduled Payment Distribution Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding t▇▇ ▇▇▇▇▇▇▇▇▇, the ▇▇e entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount Note Balance of the Controlling Note Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 2 contracts

Sources: Indenture (Ford Credit Auto Receivables Two LLC), Indenture (Ford Credit Auto Receivables Two LLC)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue bear interest at as provided in the Class A-1 Rate, forms of the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as Note set forth in Exhibit A-1A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be due and payable on each Payment Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either Date, by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid funds to such Person's address account as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Distribution Date or on the applicable Final Scheduled Payment Date, Distribution Date (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.1(a)) which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes the Note set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. A. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, or an Insurer Default shall have occurred and be continuing (if the Indenture Trustee or the Noteholders Holders of the Notes evidencing representing not less than a majority of the principal amount Outstanding Amount of the Controlling Class Notes have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (TFC Enterprises Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Note Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, principal payable on any a Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5i) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.132.12, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee; provided, and except for however, that the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Distribution Date or on the applicable Final Scheduled Payment Date, which Distribution Date (including the Redemption Price for any Note called for redemption pursuant to Section 10.01) shall be payable as provided in paragraph (b) below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as provided in this Indenture and in the forms form of the Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. A. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.the

Appears in 1 contract

Sources: Indenture (First Merchants Acceptance Corp)

Payment of Principal and Interest; Defaulted Interest. (a) The Notes shall accrue interest as provided in the forms of the Class A-1 A Notes, the Class A-2 NotesB Note, the Class A-3 Notes, the Class A-4 Notes C Note and the Class B Notes shall accrue interest at the Class A-1 RateD Note set forth in Exhibits C-1, the Class A-2 RateC-2, the Class A-3 Rate, the Class A-4 Rate C-3 and the Class B RateC-4, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.132.11, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.)Depository, payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or the applicable Final Scheduled Payment Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes the Class A Notes, the Class B Note, the Class C Note and the Class D Note set forth in Exhibit A-1Exhibits C-1, Exhibit A-2C-2, Exhibit A-3C-3 and C-4, Exhibit A-4 and Exhibit B heretorespectively. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.the

Appears in 1 contract

Sources: Indenture (Conseco Finance Lease 2000-1 LLC)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at as provided in the forms of the Class A-1 Rate, Note and the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate Note set forth in Exhibits A-1 and the Class B RateA-2, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the related Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid prepaid, to such Person's address as it appears on the Note Register on such Record Date; provided , or by wire transfer in immediately available funds to the account designated in writing to the Trustee by such Person at least five Business Days prior to the related Record Date, except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.132.12, with respect to Notes registered on the related Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or on the applicable Final Scheduled Payment DateDate (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.1), which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of the Class A-1 Notes and the Class A-2 Notes set forth in Exhibit A-1, Exhibit Exhibits A-1 and A-2, Exhibit A-3, Exhibit A-4 and Exhibit B heretorespectively. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable continuing in the manner and under the circumstances provided in Section 5.

Appears in 1 contract

Sources: Indenture (Consumer Portfolio Services Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at during each Interest Accrual Period on the Class A-1 Rate, basis of the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate actual number of days elapsed during such Interest Accrual Period and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable on each Payment Date as specified therein, subject a year assumed to Section 3.1consist of 360 days. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Remittance Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class first - class, postage prepaid prepaid, to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Global Notes have been issued to Note Owners pursuant to Section 2.134.02, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency Depository (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, Person and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Remittance Date or on the applicable Final Scheduled Payment Date, Expected Maturity Date which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Remittance Date as provided in this Indenture the Sale and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B heretoServicing Agreement. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.entire

Appears in 1 contract

Sources: Indenture (Capitalsource Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Each Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B of Notes shall accrue interest at the Class A-1 related Interest Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Date as specified thereinDistribution Date, subject to Section 3.13.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available fundsDate, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date or on the related final Distribution Date, Prepayment Date or as the applicable Final Scheduled Payment Datecase may be (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.01(a)), which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as to the extent provided in this Indenture and in the forms form of Notes the related Note set forth in as an Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if unless the Indenture Trustee or the Noteholders Required Holders have waived such Event of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable Default in the manner provided in Section 5.in

Appears in 1 contract

Sources: Indenture (Newcourt Receivables Corp Ii)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at during an Interest Period on the Class A-1 Rate, basis of the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate actual number of days in such Interest Period and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable on each Payment Date as specified therein, subject a year assumed to Section 3.1consist of 360 days. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid prepaid, to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.134.08, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency Depository (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or on the applicable Final Scheduled Payment Date, Date (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.1(a)) which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms form of Notes the Notes, set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. A. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.occurred

Appears in 1 contract

Sources: Indenture (Ucfc Acceptance Corp)

Payment of Principal and Interest; Defaulted Interest. (ai) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B A-4 Notes shall accrue interest at the Class A-1 Interest Rate, the Class A-2 Interest Rate, the Class A-3 Rate, the Class A-4 Interest Rate and the Class B A-4 Interest Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectivExhibits -▇, ▇-, ▇-▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable and A-4, respectively, and such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, principal payable on any a Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Distribution Date or on the applicable Final Scheduled Payment Date, class final scheduled Distribution Date (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.01) which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Premier Auto Trust 1998 5)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at as provided in the Class A-1 RateSale and Servicing Agreement, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, principal payable on any Note that is punctually shall be paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered as of the close of business on the related Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated specified in writing by such nomineethe related Noteholder, and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date following a Conversion Date or on the applicable Final Scheduled Payment DateDate for such Notes and except for the Redemption Price for any Note called for redemption pursuant to Section 10.1, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture the Sale and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B heretoServicing Agreement. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the earlier of (i) the Final Scheduled Payment Date or (ii) the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Majority Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Firstplus Financial Group Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇respective▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest shaerest shal▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable ▇able on each Payment Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or the applicable Final Scheduled Payment Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the ▇he entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (USAA Auto Owner Trust 2006-2)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at as provided in the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as form of Note set forth in Exhibit A-1A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be due and payable on each Payment Date Date, as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date Date, either (i) by wire transfer in immediately available funds, funds to such Person’s account as it appears on the account of Note Register on such Record Date if (A) such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have has provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes Holder’s Note in the aggregate evidence a denomination Stated Percentage Interest of not less than $1,000,0001% or (B) such Noteholder is the Seller, oror an Affiliate thereof, or if not, (ii) by check mailed first-class postage prepaid to such Person's Noteholder at the address as it appears of such Noteholder appearing on the Note Register on such Record Date; provided thatRegister, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or on the applicable Final Scheduled Payment Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The outstanding principal balance of each Note the Notes and all accrued and unpaid interest thereon shall be payable in installments on each full by the Final Scheduled Payment Date and otherwise as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇Section 3.1, the entire unpaid principal amount form of each Class of Notes shall be due Note attached hereto as Exhibit A, and payable, if not previously paid, on the date on which an Event of Default shall have occurred Sale and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.Servicing

Appears in 1 contract

Sources: Indenture (Consumer Portfolio Services Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Notes shall accrue interest as provided in the forms of the Class A-1 NotesA-1:HE/HI Note, the Class A-2 NotesNote, the Class A-3 Notes, Note and the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as Note set forth in Exhibit A-1, A-1 and the Class A-1 Note set forth in Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.132.11, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.)Depository, payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for (i) the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Distribution Date or and (ii) the applicable Final Scheduled Payment Date, which shall be payable as provided below. The funds represented by Redemption Price for any such checks returned undelivered shall be held in accordance with Note called for redemption pursuant to Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.10.01(a),

Appears in 1 contract

Sources: Indenture (Green Tree Financial Corp)

Payment of Principal and Interest; Defaulted Interest. (a) The Each Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B of Notes shall accrue interest at the Class A-1 related Interest Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.1Section 3.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available fundsDate, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date or on the related Final Distribution Date, Prepayment Date or as the applicable Final Scheduled Payment Datecase may be (and except for the Redemption Price for any Note called for redemption pursuant to Section 10.01(a)), which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as to the extent provided in this Indenture and in the forms form of Notes the related Note set forth in as an Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority maturity of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable has been accelerated in the manner provided in Section 5.5.02. All principal payments on each Class of Notes shall be made pro rata to the Noteholders of such Class

Appears in 1 contract

Sources: Indenture (Harley Davidson Customer Funding Corp)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at during each Interest Period on the Class A-1 Ratebasis of a 360 day year consisting of twelve 30-day months (or in the case of the first Payment Date, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable on each Payment Date as specified therein, subject to Section 3.1an accrual period of thirty (30) days). Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid prepaid, to such Person's ’s address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, except that (i) with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency DTC (initially, such nominee to be Cede & Co.), such payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, Person and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or on the applicable Legal Final Scheduled Payment Date, which Date and (ii) the Redemption Price for any Note called for redemption pursuant to Article X hereof shall be payable as provided belowin Section 4.04(b) or Article X hereof, as applicable. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Date to the extent of funds available therefor in accordance with the Priority of Payments as provided in this Indenture the Sale and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B heretoServicing Agreement. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee with the consent or at the Noteholders of Notes evidencing not less than a majority direction of the principal amount of the Controlling Class have Majority Noteholders has declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Hercules Technology Growth Capital Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B A Notes shall accrue interest at the Class A-1 A Interest Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Date Date, as specified therein, subject and to Section 3.1the extent provided in Section 4.5 of the Sale and Servicing Agreement and Section 3.1 of this Indenture. Any installment of interest or principal, if any, payable on any Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the related Record Date either Date, by wire transfer in of immediately available funds, or (if such Person has not delivered to the account of such Noteholder at Trustee in writing instructions with respect to effecting a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior wire transfer to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, Person) by check mailed first-class class, postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that. Notwithstanding the above, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such the Notes (and except for the Redemption Price for any Note on a Payment Date, Prepayment Date or the applicable Final Scheduled Payment Date, which called for redemption pursuant to Section 10.1) shall be payable as provided belowin Section 2.7(b)(ii). The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (bi) The principal of each Note shall be payable in installments on each Payment Date (including the Final Scheduled Payment Date) as and to the extent provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.4.5

Appears in 1 contract

Sources: Indenture (Paragon Auto Receivables Corp)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B A-2 Notes shall accrue interest at the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Interest Rate and the Class B Rate, A-2 Interest Rate respectively, as set forth in Exhibit A-1, Exhibit Exhibits A-1 and A-2, Exhibit A-3respectively, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.13.01. Any installment of interest or principal, if any, principal payable on any a Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued upon written request of a Noteholder to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Paying Agent not later than the Record Date in prior to the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.)related Distribution Date, payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, Holder and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date or on the Class A-1 Final Scheduled Distribution Date or Class A-2 Final Scheduled Distribution Date, Prepayment Date or the applicable Final Scheduled Payment Dateas applicable, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as provided in this Indenture and in the forms of the Notes set forth in Exhibit A-1, A-1 and Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or Holders of the Noteholders of Notes evidencing representing not less than a majority of the principal amount Outstanding Amount of the Controlling Class Notes have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Nal Financial Group Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at as provided herein and in the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as form of Note set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable and such interest shall be payable on each Payment Date and Redemption Date as specified herein and therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date and Redemption Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered on the Record Date either by wire transfer in immediately available fundsDate, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall be made by wire transfer in immediately available funds to the account designated by such nominee, Person and except for (i) the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or and (ii) the applicable Final Scheduled Payment DateRedemption Price for any Note called for redemption pursuant to Section 10.01(a), which shall be payable as provided below. The Any funds represented by any such checks returned undelivered for which proper wire instructions have not been received shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Date Dates and Redemption Dates as provided in this Indenture herein and in the forms form of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B heretothe Notes. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of so long as the Controlling Class have Party has declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Olympic Financial LTD)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes shall accrue interest at the Class A-1 Note Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.1Section 3.01. Any installment of interest or principal, if any, payable principal payable on any a Note that is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if not, by check mailed first-class postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided that, unless Definitive Notes have been issued except that (i) upon written request of a Noteholder to Note Owners pursuant to Section 2.13, with respect to Notes registered on the Paying Agent not later than the Record Date in prior to the name of related Distribution Date or (ii) if the registered Noteholder is the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.)Agency, payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, Holder and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Distribution Date or on the applicable Note Final Scheduled Payment Distribution Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as provided in this Indenture and in the forms form of Notes the Note set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. A. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or Holders of the Noteholders of Notes evidencing representing not less than a majority of the principal amount Outstanding Amount of the Controlling Class Notes have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Nal Financial Group Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B Notes Note shall accrue interest at as provided in the Class A-1 Rate, form of the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as Note set forth in Exhibit A-1EXHIBIT A, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be due and payable on each Payment Date Settlement Date, as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any the Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Settlement Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date Date, either by wire transfer in immediately available funds, funds to such Person's account as it appears on the account of Note Register on such Record Date if (i) such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have has provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Settlement Date and such NoteholderHolder's Notes Note in the aggregate evidence a denomination of not less than $1,000,0001,000,000 or (ii) such Noteholder is the Seller, oror an Affiliate thereof, or if not, not by check mailed first-class postage prepaid to such Person's Noteholder at the address as it appears of such Noteholder appearing on the Note Register on such Record Date; provided Register, except that, unless a Definitive Notes have Note has been issued to Note Owners pursuant to Section 2.13SECTION 2.5, with respect to Notes the Note registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Settlement Date or on the applicable Final Scheduled Payment Settlement Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of Notes set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇, the entire unpaid principal amount of each Class of Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Consumer Portfolio Services Inc)

Payment of Principal and Interest; Defaulted Interest. (a) The Notes shall accrue interest as provided in the forms of the Class A-1 A Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes B Note and the Class B Notes shall accrue interest at the Class A-1 RateC Note set forth in Exhibits C-1, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate C-2 and the Class B RateC-3, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Date as specified therein, subject to Section 3.1Section 3.01. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.132.11, with respect to Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.)Depository, payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, nominee and except for the final installment of principal payable with respect to such Note on a Payment Date, Prepayment Date or the applicable Final Scheduled Payment Date, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.33.03. (b) The principal of each Note shall be payable in installments on each Payment Date as provided in this Indenture and in the forms of the Class A Notes, the Class B Notes and the Class C Notes set forth in Exhibit A-1Exhibits C-1, Exhibit A-2C-2 and C-3, Exhibit A-3, Exhibit A-4 and Exhibit B heretorespectively. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority of the principal amount of the Controlling Class have declared continuing and the Notes to be have been declared immediately due and payable in the manner provided in Section 5.

Appears in 1 contract

Sources: Indenture (Green Tree Lease Finance 1997-1 LLC)

Payment of Principal and Interest; Defaulted Interest. (a) The Each Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Class B of Notes shall accrue interest at the Class A-1 related Interest Rate, the Class A-2 Rate, the Class A-3 Rate, the Class A-4 Rate and the Class B Rate, respectively, as set forth in Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B, respectiv▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇terest sha▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇yable such interest shall be payable on each Payment Distribution Date as specified therein, subject to Section 3.1. Any installment of interest or principal, if any, payable on any Note that which is punctually paid or duly provided for by the Issuer on the applicable Payment Distribution Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered on the Record Date either by wire transfer in immediately available funds, to the account of such Noteholder at a bank or other entity having appropriate facilities therefor, if such Noteholder shall have provided to the Note Registrar appropriate written instructions at least five (5) Business Days prior to such Payment Date and such Noteholder's Notes in the aggregate evidence a denomination of not less than $1,000,000, or, if notDate, by check mailed first-class class, postage prepaid prepaid, to such Person's address as it appears on the Note Register on such Record Date; provided , except that, unless Definitive Notes have been issued to Note Owners pursuant to Section 2.13SECTION 2.11, with respect to the Notes registered on the Record Date in the name of the nominee of the Clearing Agency (initially, such nominee to be Cede & Co.), payment shall will be made by wire transfer in immediately available funds to the account designated by such nominee, and except for the final installment of principal payable with respect to such Note on a Payment Distribution Date or on the related Final Distribution Date, Prepayment Date or as the applicable Final Scheduled Payment Datecase may be, which shall be payable as provided below. The funds represented by any such checks returned undelivered shall be held in accordance with Section 3.3SECTION 3.03. (b) The principal of each Note shall be payable in installments on each Payment Distribution Date as to the extent provided in this Indenture and in the forms form of Notes the related Note set forth in as an Exhibit A-1, Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit B hereto. Notwithstanding ▇▇▇ ▇▇▇▇▇▇▇▇▇the foregoing, the entire unpaid principal amount of each Class of the Notes shall be due and payable, if not previously paid, on the date on which an Event of Default shall have occurred and be continuing, if the Indenture Trustee or the Noteholders of Notes evidencing not less than a majority maturity of the principal amount of the Controlling Class have declared the Notes to be immediately due and payable has been accelerated in the manner provided in Section SECTION 5.

Appears in 1 contract

Sources: Indenture (Dealer Auto Receivables Corp)