Common use of Access to List of Noteholders’ Names and Addresses Clause in Contracts

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 25% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants"), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.

Appears in 21 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

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Access to List of Noteholders’ Names and Addresses. (a) The Indenture Trustee shall Issuer will furnish or cause to be furnished to the ServicerIndenture Trustee, the Insurer and Servicer or the SellerPaying Agent, within 15 days five Business Days after receipt by the Indenture Trustee Issuer of a written request therefor from the ServicerIndenture Trustee, the Insurer Servicer or the SellerPaying Agent, respectively, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, list of the names and addresses of the Noteholders as Noteholders. Unless otherwise provided in the related Indenture Supplement, Holders of 10% of the most recent Record Date. If Outstanding Amount of the Notes of any Series or three or more Noteholders, or one or more Noteholders evidencing not less than 25% of any Series (the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants"), ) may apply in writing to the Indenture Trustee, and if such application states that the Applicants desire to communicate with other Noteholders of any Series with respect to their rights hereunder under the Agreement or under the Notes and such application is accompanied by a copy of the communication that which such Applicants propose to transmit, then the Indenture Trustee, after having been adequately indemnified by such Applicants for its costs and expenses, will afford or cause the Transfer Agent and Registrar to afford such Applicants access during normal business hours to the most recent list of Noteholders held by the Indenture Trustee shalland will give the Servicer notice that such request has been made, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, . Such list is to be as of a date no more than 45 days prior to the current list date of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none receipt of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derivedApplicants' request.

Appears in 3 contracts

Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Ford Credit Floorplan LLC)

Access to List of Noteholders’ Names and Addresses. (a) The Indenture Trustee shall Issuer will furnish or cause to be furnished to the Indenture Trustee, the Servicer, any Noteholder or the Insurer and the SellerPaying Agent, within 15 days five Business Days after receipt by the Indenture Trustee Issuer of a written request therefor from the ServicerIndenture Trustee, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer such Noteholder or the Seller may reasonably requirePaying Agent, respectively, a list of the names and addresses of the Noteholders as Noteholders. Unless otherwise provided in the related Indenture Supplement, holders of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 2510% of the aggregate outstanding principal balance Outstanding Amount of the Notes of any Series (hereinafter referred to as the "Applicants"), ) may apply in ---------- writing to the Indenture Trustee, and if such application states that the Applicants desire to communicate with other Noteholders of any Series with respect to their rights hereunder under this Agreement or under the Notes and such application is accompanied by a copy of the communication that which such Applicants propose to transmit, then the Indenture Trustee, after having been adequately indemnified by such Applicants for its costs and expenses, shall afford or shall cause the Transfer Agent and Registrar to afford such Applicants access during normal business hours to the most recent list of Noteholders held by the Indenture Trustee shalland shall give the Servicer notice that such request has been made, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, . Such list shall be as of a date no more than 45 days prior to the current list date of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none receipt of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derivedApplicants' request.

Appears in 3 contracts

Samples: Household Credit Card Master Note Trust I, Household Credit Card Master Note Trust I, Conseco Finance Credit Funding Corp

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Class A Insurer and or the SellerBackup Insurer, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Class A Insurer or the SellerBackup Insurer in writing, a list, in such form as the Servicer, the Class A Insurer or the Seller Backup Insurer may reasonably require, of the names and addresses of the Class A Noteholders as of the most recent Record Date. If three or more Class A Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Class A Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Class A Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Class A Noteholders access during normal business hours, hours to the current list of Class A Noteholders. Each NoteholderHolder, by receiving and holding a Class A Note, agrees with the Servicer, the Seller and the Indenture Trustee that shall be deemed to have agreed to hold none of the Servicer, the Seller or Class A Insurer, the Backup Insurer nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.

Appears in 3 contracts

Samples: Credit Acceptance Corporation, Credit Acceptance Corporation, Credit Acceptance Corporation

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, Servicer or the Insurer and the SellerClass A Insurer, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer Servicer or the SellerClass A Insurer in writing, a list, in such form as the Servicer, the Servicer or Class A Insurer or the Seller may reasonably require, of the names and addresses of the Class A Noteholders as of the most recent Record Date. If three or more Class A Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Class A Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Class A Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Class A Noteholders access during normal business hours, hours to the current list of Class A Noteholders. Each NoteholderHolder, by receiving and holding a Class A Note, agrees with the Servicer, the Seller and the Indenture Trustee that shall be deemed to have agreed to hold none of the Servicer, the Seller or Class A Insurer nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Credit Acceptance Corporation

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 25% of the -52- 57 aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants"), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders Holders of Class A Notes evidencing not less than 25% of the aggregate outstanding principal balance of the Class A Notes or one or more Holders of Class I Notes evidencing not less than 25% of the Notional Principal Balance of the Class I Notes (hereinafter referred to as "ApplicantsAPPLICANTS"), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to -47- 52 their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

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Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Subservicer, the Master Servicer, the Back-up Servicer or the Note Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Subservicer, the Master Servicer, the Insurer Back- up Servicer or the SellerNote Insurer in writing, a list, in such form as the Subservicer, the Master Servicer, the Insurer Back-up Servicer or the Seller Note Insurer may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Noteholders access during normal business hours, hours to the current list of Noteholders. Each NoteholderHolder, by receiving and holding a Note, agrees with shall be deemed to have agreed to hold none of the Subservicer, the Master Servicer, the Seller and Back-up Servicer, the Note Insurer nor the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: United Fidelity Finance LLC

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, the Insurer and the Seller, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the Seller, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing not less than 25% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants"), apply in writing to the Indenture Trustee, and such application states that the Applicants desire to communicate with other Noteholders with respect to their rights hereunder or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford such Applicants access, during normal business hours, to the current list of Noteholders. Each Noteholder, by receiving and holding a Note, agrees with the Servicer, the Seller and the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunder, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-B)

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall will furnish or cause to be furnished to the Servicer, the Insurer and the Seller, Servicer within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer or the SellerServicer in writing, a list, in such form as the Servicer, the Insurer or the Seller may reasonably require, list of the names and addresses of the Noteholders as of the most recent Record Date. If three or more Noteholders, or one or more Noteholders evidencing representing a Class A Percentage Interest, a Class B Percentage Interest, a Class C Percentage Interest, a Class D Percentage Interest or a Class E Percentage Interest of not less than 25% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as an "ApplicantsApplicant"), ) shall apply in writing to the Indenture Trustee, and such application states shall state that the Applicants desire Applicant desires to communicate with other Noteholders with respect to their its rights hereunder under this Indenture or under the Notes and such application is accompanied by a copy of the communication that such Applicants propose to transmitNotes, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford send such Applicants access, during normal business hours, notice to the current list of Noteholders. Each Every Noteholder, by receiving and holding a Note, agrees with the ServicerTrust, the Seller Owner Trustee, the Servicer and the Indenture Trustee that none of the ServicerTrust, the Seller or Owner Trustee, the Servicer nor the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderinformation, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: First Sierra Receivables Iii Inc

Access to List of Noteholders’ Names and Addresses. The Indenture Trustee shall furnish or cause to be furnished to the Servicer, Servicer or the Insurer and the SellerClass A Insurer, within 15 days after receipt by the Indenture Trustee of a written request therefor from the Servicer, the Insurer Servicer or the SellerClass A Insurer in writing, a list, in such form as the Servicer, the Insurer Servicer or the Seller Class A Insurer may reasonably require, of the names and addresses of the Class A Noteholders as of the most recent Record Date. If three or more Class A Noteholders, or one or more Noteholders evidencing Holders of Notes aggregating not less than 2510% of the aggregate outstanding principal balance of the Notes (hereinafter referred to as "Applicants")Class A Note Balance, apply in writing to the Indenture Trustee, and such application states that the Applicants applicants desire to communicate with other Noteholders with respect to their rights hereunder under this Indenture or under the Class A Notes and such application is shall be accompanied by a copy of the communication that such Applicants applicants propose to transmit, then the Indenture Trustee shall, within five Business Days after the receipt of such application, afford make available to such Applicants access, Class A Noteholders access during normal business hours, hours to the current list of Class A Noteholders. Each NoteholderHolder, by receiving and holding a Class A Note, agrees with shall be deemed to have agreed to hold neither the Servicer, the Seller and Class A Insurer nor the Indenture Trustee that none of the Servicer, the Seller or the Indenture Trustee shall be held accountable by reason of the disclosure of any such information as to its name and address hereunderaddress, regardless of the source from which such information was derived.

Appears in 1 contract

Samples: Credit Acceptance Corporation

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