Asset Backed Notes. The Notes of each Class, in each case together with the Indenture Trustee's certificate of authentication, shall be in substantially the forms set forth in Exhibit A, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may, consistently herewith, be determined by the officers executing such Notes, as evidenced by their execution thereof. Any portion of the text of any Note may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Note. The Notes shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods, all as determined by the officers executing such Notes, as evidenced by their execution of such Notes. The terms of the Notes set forth in Exhibit A are part of the terms of this Indenture.
Asset Backed Notes. CNH Equipment Trust 2017-A, a statutory trust organized and existing under the laws of the State of Delaware (including any successor, the “Issuing Entity”), for value received, hereby promises to pay to CEDE & CO., or registered assigns, the principal sum of Two Hundred Seventy Two Million Dollars ($272,000,000), partially payable on each Payment Date in an amount equal to the aggregate amount, if any, payable from the Note Distribution Account in respect of principal on the A-3 Notes pursuant to Section 3.1 of the Indenture; provided, however, that the entire unpaid principal amount of this Note shall be due and payable on the earlier of the May 16, 2022 Payment Date and the Redemption Date, if any, pursuant to Section 10.1(a) of the Indenture. Except as provided in Sections 5.4 and 8.2(e) of the Indenture, no payments of principal of the Notes will be made until the principal of the A-2 Notes has been paid in full, and in any case, no payments of principal of the Notes will be made until the principal of the A-1 Notes has been paid in full. The Issuing Entity will pay interest on this Note at the A-3 Note Rate, on each Payment Date until the principal of this Note is paid or made available for payment, on the principal amount of this Note outstanding on the preceding Payment Date (after giving effect to all payments of principal made on the preceding Payment Date), subject to certain limitations contained in Section 3.1 of the Indenture. Interest on this Note will accrue for each Payment Date from the most recent Payment Date on which interest has been paid to but excluding the then current Payment Date or, if no interest has yet been paid,
Asset Backed Notes. Terms defined by the Servicing Agreement, wherever used herein, unless otherwise defined herein, shall have the same meanings as are prescribed by the Servicing Agreement. OPTION 1: Pursuant to Section 5.02(e), the undersigned, in its capacity as Servicer, hereby requests the documents described on Schedule A hereto in connection with its servicing activities. OPTION 2: The undersigned, in its capacity as Servicer, hereby certifies that the Loan described on Schedule A hereto is required to be repurchased or substituted pursuant to and in accordance with Section 11.01 of the Servicing Agreement. Enclosed herewith is a completed Request for Release of Documents in the form of Exhibit M to the Servicing Agreement with respect such Loan. Executed as of the date set forth above. HERCULES CAPITAL, INC., as Servicer By: Name: Title: BUSINESS.29147459.4 Schedule A BUSINESS.29147459.4 Exhibit G to Sale and Servicing Agreement List of Loans See below BUSINESS.00000000.4 Accounting System Number /Collateral ID Outstanding Balance at Cutoff Date Funding Maturity Date Loan Type Agent Status Agent Note Status UCC Filing in Seller’s Name BUSINESS.29147459.4 Exhibit H-1 to Sale and Servicing Agreement FORM OF QUARTERLY REPORT [On file with the Servicer.] BUSINESS.29147459.4 Exhibit H-2 to Sale and Servicing Agreement FORM OF MONTHLY REPORT [On file with the Servicer.] BUSINESS.29147459.4 Exhibit I to Sale and Servicing Agreement [RESERVED] BUSINESS.29147459.4 Exhibit J to Sale and Servicing Agreement [RESERVED] BUSINESS.29147459.4 Exhibit K to Sale and Servicing Agreement FORM OF ANNUAL CERTIFICATION REGARDING REQUIRED LOAN DOCUMENTS Hercules Capital Funding 2022-1 LLC, as the Trust Depositor c/o Hercules Capital, Inc. Xxxx Xxxx, Xxxxxxxxxx 00000 Re: Hercules Capital Funding Trust 2022-1 Telephone: (000) 000-0000 Hercules Capital, Inc., as Seller and Servicer Xxxx Xxxx, Xxxxxxxxxx 00000 Re: Hercules Capital Funding Trust 2022-1Telephone: (000) 000-0000 Re: Sale and Servicing Agreement dated as of June 22, 2022 – Hercules Capital Funding Trust 2022-1 Ladies and Gentlemen: In accordance with Section 2.11(e) of the above–captioned Sale and Servicing Agreement (such agreement as amended, modified, waived, supplemented or restated from time to time, the “Agreement”), the undersigned, as the Custodian, hereby certifies that during the calendar year ended December 31, 20[__] (the “Certification Period”): (i) in accordance with the terms of the Agreement, the Custodian held the ...
Asset Backed Notes. Servicer’s Certificate This Servicer’s Certificate has been prepared pursuant to Section 4.9 of the Sale and Servicing Agreement among AmeriCredit Automobile Receivables Trust 2011-4, as Issuer, AmeriCredit Financial Services, Inc., as Servicer, AFS SenSub Corp., as Seller, and Xxxxx Fargo Bank, N.A., as the Backup Servicer and Trust Collateral Agent, dated as of ______. Defined terms have the meanings assigned to them in the Sale and Servicing Agreement or in other Transaction Documents. Monthly Period Beginning: Original Monthly Period Ending: Purchases Units Cut-off Date Closing Date Pool Balance Prev. Distribution/Close Date: Initial Purchase Distribution Date: Days of Interest for Period: Total Days in Collection Period: Months Seasoned:
Asset Backed Notes. UCFC Home Equity Loan Owner Trust 1997-_, a business trust organized and existing under the laws of the State of Delaware (herein referred to as the "Issuer"), for value received, hereby promises to pay to CEDE & CO., or registered assigns, the principal sum of [ ] DOLLARS payable on each Distribution Date in an amount equal to the result obtained by multiplying (i) a fraction the numerator of which is $[INSERT INITIAL PRINCIPAL AMOUNT OF NOTE] and the denominator of which is $________________ by (ii) the aggregate amount, if any, payable from the Payment Account in respect of principal on the Notes pursuant to Section 3.01 of the Indenture; provided, however, that the entire unpaid principal amount of this Note shall be due and payable on the earlier of
Asset Backed Notes. Class A,” the second shall be known as the “Series 2014-5 Fixed Rate Asset Backed Notes, Class B,” the third shall be known as the “Series 2014-5
Asset Backed Notes. The Payment Account must be an Eligible Account.
Asset Backed Notes. Centrex Auto Trust 1996-A, a business trust organized and existing under the laws of the State of Delaware (herein referred to as the "Issuer"), for value received, hereby promises to pay to CEDE & CO., or registered assigns, the principal sum of [_____________] DOLLARS payable on each Distribution Date in an amount equal to the result obtained by multiplying (i) a fraction the numerator of which is $[INSERT INITIAL PRINCIPAL AMOUNT OF NOTE) and the denominator of which is $___________ by (ii) the aggregate amount, if any, payable from the Note Distribution Account in respect of principal on the Notes pursuant to Section 3.1 of the Indenture; provided, however, that the entire unpaid principal amount of this Note shall be due and payable on the earlier of the October 2004 Distribution Date (the "Note Final Scheduled Distribution Date") and the Redemption Date, if any, pursuant to Section 10.1(a) (i) or (ii) or Section 10.1(b)
Asset Backed Notes. On December 19, 2012, we completed a $230.7 million term debt securitization in connection with which an affiliate of ours made an offering of $129.3 million in aggregate principal amount of fixed-rate asset-backed notes (the “Asset-Backed Notes”), which Asset-Backed Notes were rated A2(sf) by Xxxxx’x Investors Service, Inc. The Asset-Backed Notes were issued by Hercules Capital Funding Trust 2012-1 pursuant to a note purchase agreement, dated as of December 12, 2012, by and among us, Hercules Capital Funding 2012-1 LLC, as Trust Depositor (the “Trust Depositor”), Hercules Capital Funding Trust 2012-1, as Issuer (the “Issuer”), and Guggenheim Securities, LLC, as Initial Purchaser, and are backed by a pool of senior loans made to certain of our portfolio companies and secured by certain assets of those portfolio companies and are to be serviced by us. Interest on the Asset-Backed Notes will be paid, to the extent of funds available, at a fixed rate of 3.32% per annum. The Asset-Backed Notes have a stated maturity of December 16, 2017. As part of this transaction, we entered into a sale and contribution agreement with the Trust Depositor under which we have agreed to sell or have contributed to the Trust Depositor certain senior loans made to certain of our portfolio companies (the “Loans”). We have made customary representations, warranties and covenants in the sale and contribution agreement with respect to the Loans as of the date of their transfer to the Trust Depositor. In connection with the issuance and sale of the Asset-Backed Notes, we have made customary representations, warranties and covenants in the note purchase agreement. The Asset-Backed Notes are secured obligations of the Issuer and are non-recourse to us. The Issuer also entered into an indenture governing the Asset-Backed Notes, which indenture includes customary representations, warranties and covenants. The Asset-Backed Notes were sold without being registered under the Securities Act of 1933, as amended (the “Securities Act”), to “qualified institutional buyers” in compliance with the exemption from registration provided by Rule 144A under the Securities Act and to institutional “accredited investors” (as defined in Rule 501(a)(1), (2), (3) or (7) under the Securities Act) who in each case, are “qualified purchasers” for purposes of Section 3(c)(7) under the 1940 Act. In addition, the Trust Depositor entered into an amended and restated trust agreement, which includes customary represe...
Asset Backed Notes. Each Class of Notes shall be in substantially the form set forth in Exhibit A hereto, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may, consistently herewith, be determined by the officers executing such Notes, as evidenced by their execution thereof. Any portion of the text of any Note may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Note. The Definitive Notes shall be typewritten, printed, lithographed or engraved or produced by any combination of these methods, all as determined by the officers executing such Notes, as evidenced by their execution of such Notes. Each Note shall be dated the date of its authentication. The terms of the Notes are set forth in Exhibit A. The terms of each Class of Notes are part of the terms of this Indenture.
