Common use of Action on Notes Clause in Contracts

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 232 contracts

Samples: Indenture (Home Equity Loan Trust 2006-Hsa4), Indenture (RFMSII Series 2006-Hsa2 Trust), Indenture (Home Equity Loan Trust 2006-Hsa3)

AutoNDA by SimpleDocs

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 101 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2021-D), Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables Trust 2023-A)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06 of the Sale and Servicing Agreement.

Appears in 101 contracts

Samples: Toyota Auto Receivables 2024-B Owner Trust, Indenture (Toyota Auto Receivables 2016-a Owner Trust), Indenture (Toyota Auto Receivables 2012-a Owner Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 93 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-2), Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 83 contracts

Samples: Indenture (USAA Auto Owner Trust 2006-4), Note Depository Agreement (Ford Credit Auto Receivables Two LLC), Indenture (SLM Funding Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 80 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2012-C), Wachovia Asset (Wachovia Asset Securitization Inc 2002 He2 Trust), Indenture (Hyundai Auto Receivables Trust 2013-A)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Owner Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 72 contracts

Samples: Indenture (Honda Auto Receivables 2014-3 Owner Trust), Honda (Honda Auto Receivables 2010-2 Owner Trust), Indenture (Honda Auto Receivables 2010-3 Owner Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 66 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2020-A), Indenture (Mercedes-Benz Auto Receivables Trust 2018-1), Indenture (Mercedes-Benz Auto Lease Trust 2018-B)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 54 contracts

Samples: Indenture (SLM Student Loan Trust 2006-1), Indenture (SLM Student Loan Trust 2007-2), Indenture (SLM Student Loan Trust 2006-4)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 52 contracts

Samples: Sale and Servicing Agreement and Trust Agreement (Harley Davidson Customer Funding Corp), Indenture (Greatamerica Leasing Receivables 2000-1 LLC), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 37 contracts

Samples: Indenture (California Republic Funding LLC), Trust Agreement (California Republic Funding LLC), California Republic (California Republic Auto Receivables Trust 2016-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 37 contracts

Samples: Indenture (WFS Receivables Corp 2), Indenture (WFS Receivables Corp), Indenture (WFS Financial Auto Loans Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Owner Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.04(a).

Appears in 36 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2016-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2016-C Owner Trust), Indenture (Nissan Auto Receivables 2019-C Owner Trust)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 33 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2011-1), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A), Indenture (Harley-Davidson Motorcycle Trust 2016-A)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 31 contracts

Samples: Custodial Agreement (Salomon Br Mor Sec Vii Inc Series 1998-11), Indenture (Imh Assets Corp), Manufactured Housing (Origen Residential Securities, Inc.)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Property or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 30 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Owner Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 27 contracts

Samples: Honda Auto Receivables 2007-2 Owner Trust, American Honda Receivables Corp, American Honda Receivables Corp

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 27 contracts

Samples: Indenture (CNH Equipment Trust 2019-C), Indenture (CNH Equipment Trust 2021-B), Indenture (CNH Equipment Trust 2015-B)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 27 contracts

Samples: Indenture (Pooled Auto Securities Shelf LLC), Indenture (Mmca Auto Receivables Inc), Exhibit 99 (First Security Auto Owner Trust 1999 1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture or any other Transaction Document shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this IndentureIndenture or any other Transaction Document. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)the provisions of this Indenture.

Appears in 27 contracts

Samples: Note Funding Agreement (Bluegreen Vacations Corp), Indenture (Diamond Resorts Corp), Indenture (Diamond Resorts International, Inc.)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money funds or other property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b8.3(c).

Appears in 26 contracts

Samples: Indenture (Cef Equipment Holding LLC), Indenture (GE Equipment Transportation LLC, Series 2011-1), Indenture (GE Equipment Midticket LLC, Series 2011-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(c).

Appears in 19 contracts

Samples: Indenture (Mmca Auto Owner Trust 2001-3), Trust Agreement (Mmca Auto Owner Trust 2001-4), Indenture (Mmca Auto Owner Trust 2001-3)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 18 contracts

Samples: Indenture (First Union Student Loan Trust 1997-1), Indenture (Nellie Mae Education Loan Corp), Indenture (Wells Fargo Student Loans Receivables I LLC)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 17 contracts

Samples: Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley-Davidson Motorcycle Trust 2005-3), Indenture (Harley-Davidson Motorcycle Trust 2006-3)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.04(a).

Appears in 16 contracts

Samples: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables Corp Ii)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee as a recovery of any judgment on the Notes or under this Indenture shall be applied in accordance with Section 5.04(b)) as provided therein, and otherwise in accordance with Section 8.02.

Appears in 16 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2019-A), Trust Agreement (BMW Vehicle Owner Trust 2018-A), Indenture (BMW Vehicle Owner Trust 2020-A)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Pledged Assets or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 15 contracts

Samples: Indenture (Uacsc 1999-B Owner Tr Auto Rec Bk Notes), Indenture (Uacsc Auto Trusts), Indenture (United Fidelity Finance LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Owners shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 14 contracts

Samples: Indenture (Imc Securities Inc), Indenture (First Alliance Mortgage Loan Trust 1998-2), Indenture (Imc Home Equity Loan Owner Trust 1997-8)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 14 contracts

Samples: Indenture (Opteum Mortgage Acceptance CORP), Deutsche Mortgage Securities Inc, Material Definitive Agreement (Impac Secured Assets Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 14 contracts

Samples: Indenture (H&r Block Inc), Indenture (H&r Block Inc), Indenture (H&r Block Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 14 contracts

Samples: Indenture (CNH Capital Receivables Inc), Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or the Grantor Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the IssuerIssuing Entity or the Grantor Trust. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 13 contracts

Samples: Indenture (Carvana Auto Receivables Trust 2021-N4), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P3)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders holders of the Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b) or (c), as the case may be.

Appears in 12 contracts

Samples: Note Purchase Agreements (National Collegiate Student Loan Trust 2005-2), www.capitaliq.spglobal.com, www.capitaliq.spglobal.com

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.4(b) above.

Appears in 11 contracts

Samples: Chec Funding LLC, Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002-2), Indenture (Bond Securitization LLC)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 11 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Indenture (Homebanc Corp), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 10 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2007-2)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 10 contracts

Samples: Indenture (NovaStar Certificates Financing CORP), Indenture (NovaStar Certificates Financing CORP), Indenture (Accredited Mortgage Loan REIT Trust)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee under this Article V shall be applied in accordance with Section 5.04(b)7.05(c) of the Pooling and Servicing Agreement.

Appears in 10 contracts

Samples: Indenture (Cit Equipment Collateral 2003-Ef1), Indenture (Cit Equipment Collateral 2002-Vt1), Indenture (CIT Equipment Collateral 2005-Ef1)

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 8 contracts

Samples: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), SLM Funding Corp

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 8 contracts

Samples: Indenture (H&r Block Inc), Indenture (H&r Block Inc), Indenture (H&r Block Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 7 contracts

Samples: Indenture (Firstplus Investment Corp), Indenture (Firstplus Financial Group Inc), Indenture (Navistar Financial Retail Receivables Corporation)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Swap Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 7 contracts

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Note Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 7 contracts

Samples: Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Pacificamerica Money Center Inc), Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture or any other Transaction Document shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this IndentureIndenture or any other Transaction Document. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)the provisions of this Indenture.

Appears in 7 contracts

Samples: Silverleaf Resorts Inc, BXG Receivables (Bluegreen Corp), BXG Receivables (Bluegreen Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) as provided therein, and otherwise in accordance with Section 8.02.

Appears in 7 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2011-A), Indenture (BMW Fs Securities LLC), Indenture (BMW Fs Securities LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the other assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 6 contracts

Samples: Irwin Whole Loan Home Equity Trust 2005-A, Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Bear Stearns Asset Backed Securities Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders holders of the Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b) or (c), as the case may be.

Appears in 6 contracts

Samples: National Collegiate Student Loan Trust 2007-1, National Collegiate Student Loan Trust 2007-2, Indenture (National Collegiate Student Loan Trust 2004-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders holders of the Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 6 contracts

Samples: Keycorp Student Loan Trust 2000-A, Keycorp Student Loan Trust 2000-B, Indenture (Key Bank Usa National Association)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator upon receipt in accordance with Section 5.04(b)) hereof.

Appears in 6 contracts

Samples: Trust Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2), MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 6 contracts

Samples: Administration Agreement (SLM Private Credit Student Loan Trust 2007-A), Indenture (SLM Private Credit Student Loan Trust 2006-A), Indenture (SLM Private Credit Student Loan Trust 2005-A)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator in accordance with Section 5.04(b)) hereof.

Appears in 6 contracts

Samples: Indenture (Luminent Mortgage Trust 2005-1), Indenture (Bear Stearns ARM Trust 2005-7), Indenture (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-9)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.4(b) hereof.

Appears in 6 contracts

Samples: Indenture (Wodfi LLC), Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Note Insurer or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 6 contracts

Samples: Indenture (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1), Indenture (Accredited Mort Loan Trust Asset Back Notes Series 2003-1), Indenture (Accredited Home Lenders Inc)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 5 contracts

Samples: Master Indenture (Household Consumer Loan Corp Ii), Master Indenture (Hrsi Funding Inc Ii), Master Indenture (Associates Credit Card Receivables Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)5.03.

Appears in 5 contracts

Samples: Indenture (OneMain Financial Holdings, Inc.), Indenture (Springleaf Holdings, Inc.), Indenture (OneMain Financial Holdings, Inc.)

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 5 contracts

Samples: Master Servicing Agreement (Provident Bank), Master Servicing Agreement (Indymac Abs Inc), Administration Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee and remitted to the Trust Administrator shall be applied by the Trust Administrator in accordance with Section 5.04(b).

Appears in 5 contracts

Samples: Indenture (Indymac MBS Inc), Indenture (CWMBS Inc), Indenture (CWHEQ, Inc.)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)this Indenture.

Appears in 5 contracts

Samples: Indenture (GS Auto Loan Trust 2007-1), Indenture (Bear Stearns Asset Backed Whole Auto Loan Trust 2003-1), Gmac Servicing Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2004-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.04(a).

Appears in 5 contracts

Samples: Indenture (Nissan Auto Receivables 2002 B Owner Trust), Indenture (Nissan Auto Receivables 2002-a Owner Trust), Indenture (Nissan Auto Receivables 2002 C Owner Trust)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 4 contracts

Samples: Tia Indenture (Toyota Motor Credit Receivables Corp), Tia Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Motor Credit Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture or any other Transaction Document shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this IndentureIndenture or any other Transaction Document. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)the provisions of this Indenture.

Appears in 4 contracts

Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)

AutoNDA by SimpleDocs

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator in accordance with Section 5.04(b)) hereof.

Appears in 4 contracts

Samples: Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2, Merrill Lynch Mortgage Investors Trust, Series 2005-2, Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Owner Trustee or the Owner Trust Estate or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerOwner Trust Estate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 4 contracts

Samples: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Servicing Agreement (Navistar Financial Retail Receivables Corporation)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Note Insurer or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 4 contracts

Samples: Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (Accredited Mortgage Loan Trust 2004-2)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 4 contracts

Samples: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Cityscape Corp), Home Equity Securitization Corp

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the other assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 4 contracts

Samples: Bear Stearns Asset Backed Securities Inc, Bear Stearns Asset Backed Securities Inc, Irwin Home Equity Loan Trust 2005-1

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.03(b).

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders Holders of Notes shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Trust or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerEstate. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.07 hereof.

Appears in 4 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2005-1), Indenture (Accredited Mortgage Loan Trust 2005-2), Indenture (Accredited Mortgage Loan Trust 2004-3)

Action on Notes. The Indenture Trustee's right to seek and --------------- recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 4 contracts

Samples: Servicing Agreement (Greenpoint Credit LLC), Indenture (Deutsche Recreational Asset Funding Corp), Deutsche Recreational Asset Funding Corp

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 3 contracts

Samples: Indenture (Wells Fargo Auto Receivables Corp), Ace Securities Corp Rv & Marine Trust 2001-Rv1, Amsouth Auto Receivables LLC

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Hedge Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section subsection 5.04(b).

Appears in 3 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or the Interest Rate Swap Agreement under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Noteholders or the Noteholders Swap Counterparty shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 3 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2008-1), Indenture (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement and Trust Agreement (Harley-Davidson Motorcycle Trust 2007-3)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Samples: Indenture (Bear Stearns ARM Trust 2006-1), Indenture (Bear Stearns ARM Trust 2007-2), Indenture (Bear Stearns ARM Trust 2006-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b).the applicable Indenture Supplement. [END OF ARTICLE V]

Appears in 3 contracts

Samples: Household Affinity Funding Corp Iii, Household Affinity Funding Corp Iii, Household Credit Card Master Note Trust I

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Hedge Counterparties or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Indenture Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section subsection 5.04(b).

Appears in 3 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee or the Securities Administrator shall be applied by the Securities Administrator upon receipt in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Peoples Choice Home Loan Securities Trust Series 2005-4

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee after the Trust Estate is sold or liquidated pursuant to Section 5.04(a)(iv) shall be applied in accordance with Section 5.04(b).

Appears in 3 contracts

Samples: Indenture (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Indenture (Regions Auto Receivables Trust 2003-1), Indenture (Regions Auto Receivables Trust 2002-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture and each Terms Supplement nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Indenture Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).

Appears in 3 contracts

Samples: Indenture (Crestar Bank /Va), Master Indenture (Crestar Securitization LLC), Crestar Bank /Va

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes Notes, the Interest Rate Swap Agreement, the Revolving Liquidity Note or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 3 contracts

Samples: Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee or the Insurer against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06.

Appears in 3 contracts

Samples: Indenture (Auto Nations Receivables Corp), Auto Nations Receivables Corp, Auto Nations Receivables Corp

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or Receivables Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)8.06.

Appears in 3 contracts

Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc), Conns Inc

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money funds or other property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b8.3(d).

Appears in 3 contracts

Samples: Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1), Cef Equipment Holding LLC, Cef Equipment Holding LLC

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.4(b).. SECTION 5.16

Appears in 3 contracts

Samples: Mmca Auto Receivables Inc, Daimler Benz Vehicle Receivables Corp, Mmca Auto Receivables Inc

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer Issuing Entity or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the IssuerIssuing Entity. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Samples: Master Agreement (GSC Capital Corp. Mortgage Trust 2006-1), Indenture (New Century Home Equity Loan Trust 2006-2), Indenture (New Century Home Equity Loan Trust 2006-1)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Securities Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)) hereof.

Appears in 3 contracts

Samples: Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Empire Funding Home Loan Owner Trust 1998 3

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 3 contracts

Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust), Master Indenture (First National Funding LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or the Interest Rate Cap Agreement or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 3 contracts

Samples: Indenture (Nissan Auto Lease Trust 2004-A), Nissan Auto Leasing LLC Ii, Nissan Auto Lease Trust 2003-A

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this the Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this the Indenture. Neither the lien of this the Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon Estate. Subject to Section 5.05, any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 3 contracts

Samples: Master Indenture (Compucredit Corp), Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee[, the Securities Insurer] or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.04(B) hereof.

Appears in 3 contracts

Samples: Hsi Asset Securitization Corp, Bcap LLC, Securitized Asset Backed Receivables LLC

Action on Notes. The Indenture Trustee's right to seek --------------- and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b5.05(b).

Appears in 3 contracts

Samples: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Pledged Assets or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.06 hereof.

Appears in 2 contracts

Samples: Indenture (Bay View Deposit CORP), Indenture (Bay View Deposit CORP)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee Trustee, the Insurer or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)5.4(b) above.

Appears in 2 contracts

Samples: Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4), HFC Revolving Corp Household Home Equity Loan Trust 2002-3

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).. 34 (2016-A Indenture)

Appears in 2 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2016-A), Indenture (Hyundai Abs Funding LLC)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)SECTION 5.04(B) hereof.

Appears in 2 contracts

Samples: Franchise Finance Corp of America, Painewebber Mort Accept Corp Iv Empire Funding 1999-1

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b)the applicable Indenture Supplement.

Appears in 2 contracts

Samples: Master Indenture (Alliance Data Systems Corp), Master Indenture (Alliance Data Systems Corp)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).. 36 (2021-C Indenture)

Appears in 2 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2021-C), Indenture (Hyundai Auto Receivables Trust 2021-C)

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien Lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b).

Appears in 2 contracts

Samples: Heloc Asset-Backed Notes Series 2003-2, Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1

Action on Notes. The Indenture Trustee's right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, seeking or obtaining of or application of for any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied as specified in accordance with Section 5.04(b).the applicable Indenture Supplement. ARTICLE SIX

Appears in 2 contracts

Samples: Master Indenture (Nordstrom Credit Inc), Note Purchase Agreement (Bon Ton Stores Inc)

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate Collateral or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee under this Article Five shall be applied in accordance with Section 5.04(b)7.05(b) of the Pooling and Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (CIT Equipment Collateral 2008-Vt1), Cit Equipment Collateral 2006-Vt2

Action on Notes. The Indenture Trustee's ’s right to seek and recover judgment on the Notes or under this Indenture shall not be affected by the seeking, obtaining or application of any other relief under or with respect to this Indenture. Neither the lien of this Indenture nor any rights or remedies of the Indenture Trustee or the Noteholders shall be impaired by the recovery of any judgment by the Indenture Trustee against the Issuer or by the levy of any execution under such judgment upon any portion of the Trust Estate or upon any of the assets of the Issuer. Any money or property collected by the Indenture Trustee shall be applied in accordance with Section 5.04(b)8.03 of this Indenture.

Appears in 2 contracts

Samples: Toyota Lease Trust, Toyota Lease Trust

Time is Money Join Law Insider Premium to draft better contracts faster.