Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the Noteholders, the entire amount then due and payable on the Notes for principal and interest, with interest on the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 34 contracts
Samples: GMACM Home Equity Loan Trust 2006-He5, Phoenix Residential Securities, LLC, Phoenix Residential Securities, LLC
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the NoteholdersHolders of Notes, the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 16 contracts
Samples: Indenture (RFMSII Series 2006-Hsa2 Trust), Indenture (RFMSII Series 2005-Hsa1 Trust), Indenture (Residential Funding Mortgage Securities Ii Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The a)The Issuer covenants that if default in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the Noteholders, the entire amount then due and payable on the Notes for principal and interest, with interest on the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 15 contracts
Samples: GMACM Home Equity Loan Trust 2006-He1, Gmacm Home Equity Loan Trust 2005-He1, GMACM Home Equity Loan Trust 2006-He2
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Subject to Section 3.31, the Issuer covenants that if default in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the NoteholdersHolders of Notes, the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 12 contracts
Samples: Home Loan Trust 2006-Hi5, Residential Funding Mortgage Securities Ii Inc, Original Trust Agreement (Residential Funding Mortgage Securities Ii Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if a default occurs in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the Noteholders, the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, expenses and disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 4 contracts
Samples: Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Irwin Whole Loan Home Equity Trust 2005-C, Home Equity Loan-Backed Notes Series 2003-D
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) default is made in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) default is made in the payment of the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to it, for the benefit of the NoteholdersHolders of Notes, the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and outside counsel.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if (i) default is made in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days(5) Business Days, or (ii) default is made in the principal of or any installment payment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture Trustee, pay to it, for the benefit of the NoteholdersHolders, the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Indenture (Officemax Inc), Indenture (Officemax Inc)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if a default occurs in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable; then, in each case the Issuer shall, upon demand of the Indenture Trustee, pay to itthe Indenture Trustee, for the benefit of the Noteholders, the entire amount then due and payable on the Notes for principal and interest, with interest on the overdue principalprincipal at the applicable Note Rate. In addition thereto, and in addition thereto the foregoing shall include such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2, Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 1999-2
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default is made in the payment of (i) any interest on any Highest Priority Class Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee or at the direction of the Majority Highest Priority Class Noteholders, pay to itthe Indenture Trustee, for the benefit of the NoteholdersHolders of the Notes, the entire whole amount then due and payable on the such Notes for principal and interest, with interest on the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Indenture (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Structured Asset Securities Corp Mort Back Notes Ser 2002 9
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if upon default in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the NoteholdersHolders of Notes, the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Heloc Asset-Backed Notes Series 2003-2, Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default in the payment an Event of (iDefault occurs and is continuing under Sections 5.1(a), 5.1(b) any interest on any Note when the same becomes due and payableor 5.1(c) of this Indenture, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, then the Issuer shall, upon demand of the Indenture Trustee, pay to itthe Indenture Trustee, for the ratable benefit of the NoteholdersNoteholders in accordance with their respective outstanding principal amounts, the entire whole amount then due and payable on the such Notes for principal and interest, with interest on upon the overdue principal, at the rate borne by the Notes and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Indenture (Cit Group Securitization Corp Ii), Indenture (Cit Group Securitization Corp Ii)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if there is a default in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the Noteholders, the entire amount then due and payable on the Notes for principal and interest, with interest on the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements disbursements, advances and advances of indemnification owed to the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Wachovia Asset (Wachovia Asset Securitization Inc 2002 He2 Trust), Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if a default occurs in the payment of (i) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shall, upon demand of the Indenture Trustee, pay to it, for the benefit of the Noteholders, Noteholders the entire whole amount then due and payable on the Notes for principal and interest, with interest on upon the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, expenses and disbursements and advances of the Indenture Trustee and its their respective agents and counsel.
Appears in 2 contracts
Samples: Master Agreement (Home Equity Mortgage Trust 2006-2), Home Equity Mortgage Trust 2007-1
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default in the payment there shall occur an Event of Default under Sections 5.1(a), (ib) any interest on any Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payablec), the Issuer shall, upon demand of the Indenture Trustee, pay to itthe Indenture Trustee, for the benefit of the NoteholdersNoteholders in accordance with their respective outstanding principal amounts, the entire amount then due and payable on the Notes for principal and interest, with interest through the date of such payment on the overdue principalprincipal amount of each class of Notes, at the rate applicable to such class of Notes, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 2 contracts
Samples: Indenture (Navistar Financial Retail Receivables Corporation), Navistar Financial Retail Receivables Corporation
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default is made in the payment of (i) any interest on any Highest Priority Class Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee or at the direction of the Majority Highest Priority Class Noteholders, pay to itthe Indenture Trustee, for the benefit of the NoteholdersHolders of the Notes, the entire whole amount then due and payable on the such Notes for principal and interest, with interest on the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counselcounsel and such amounts as may be due to the Yield Maintenance Counterparty.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)
Collection of Indebtedness and Suits for Enforcement by Indenture Trustee. (a) The Issuer covenants that if default is made in the payment of (i) any interest on any Highest Priority Class Note when the same becomes due and payable, and such default continues for a period of five days, or (ii) the principal of or any installment of the principal of any Note when the same becomes due and payable, the Issuer shallwill, upon demand of the Indenture TrusteeTrustee or, at the direction of the Majority Highest Priority Class Noteholders, pay to itthe Indenture Trustee, for the benefit of the NoteholdersHolders of the Notes, the entire whole amount then due and payable on the such Notes for principal and interest, with interest on the overdue principal, and in addition thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Indenture Trustee and its agents and counsel.
Appears in 1 contract