Noteholders. Amounts properly withheld under the Code by any Person from a payment to any Noteholder of interest and/or principal shall be considered as having been paid by the Issuer to such Noteholder for all purposes of this Indenture.
Noteholders. Holders of record of the Notes pursuant to the Indenture and, with respect to any class of Notes, holders of record of such class of Notes pursuant to the Indenture.
Noteholders. Except as provided in Section 9.9(a) (Amendments) or Section 9.9(c) (Amendments), this Series 2022-4 Supplement may from time to time be amended, modified or waived, if (i) such amendment, modification or waiver is in writing and is consented to in writing by HVF III, the Trustee and the Majority Series 2022-4 Noteholders, (ii) in the case of an amendment or modification, the Series 2022-4 Rating Agency Condition is satisfied (unless otherwise consented to in writing by 100% of the Series 2022-4 Noteholders) with respect to such amendment or modification and (iii) HVF III shall provide each Rating Agency notice of such amendment or modification promptly after its execution; provided that, with respect to any such amendment, modification or waiver that does not adversely affect in any material respect one or more Classes, Subclasses and/or Tranches of the Series 2022-4 Notes, as evidenced by an Officer’s Certificate of HVF III, each such Class, Subclass and/or Tranche will be deemed not Outstanding for purposes of the consent required pursuant to clause (i) of this Section 9.9(b) (Amendments) (and the calculation of the Majority Series 2022-4 Noteholders (including the Aggregate Principal Amount) will be modified accordingly); provided, further, that the consent of any Series 2022-4 Noteholder shall not be required to provide for the issuance of any Class E Notes in accordance with Section 9.18 (Issuance of Class E Notes), subject to the satisfaction of the Series 2022-4 Rating Agency Condition with respect to such amendment or modification;
Noteholders. The Series 2004-1 Principal Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2004-1 Noteholders. The Servicer shall have no right of setoff or banker's lien against, and no right to otherwise deduct from, any funds and other property held in the Series 2004-1 Principal Account for any amount owed to it by the Indenture Trustee, the Trust, any Noteholder or any Series Enhancer. If, at any time, the Series 2004-1 Principal Account ceases to be a Qualified Account, the Indenture Trustee (or the Servicer on its behalf) shall within ten Business Days (or such longer period, not to exceed 30 calendar days, as to which each Rating Agency may consent) establish a new Series 2004-1 Principal Account meeting the conditions specified above, transfer any monies, documents, instruments, investment property, certificates of deposit and other property to such new Series 2004-1 Principal Account and from the date such new Series 2004-1 Principal Account is established, it shall be the "Series 2004-1 Principal Account." Funds on deposit in the Series 2004-1 Principal Account shall at the written direction of the Servicer be invested by the Indenture Trustee in Eligible Investments selected by the Servicer. All such Eligible Investments shall be held by the Indenture Trustee for the benefit of the Series 2004-1 Noteholders pursuant to Section 6.15 of the Indenture. Funds on deposit in the Series 2004-1 Principal Account on any Payment Date will be invested in Eligible Investments that will mature so that such funds will be available no later than the close of business on the Transfer Date immediately following such Monthly Period. No such Eligible Investment shall be disposed of prior to its maturity; provided, however, that the Indenture Trustee may sell, liquidate or dispose of an Eligible Investment before its maturity, at the written direction of the Servicer, if such sale, liquidation or disposal would not result in a loss of all or part of the principal portion of such Eligible Investment or if, prior to the maturity of such Eligible Investment, a default occurs in the payment of principal, interest or any other amount with respect to such Eligible Investment. In the event that the Indenture Trustee does not receive written direction from the Servicer, funds on deposit in the Series 2004-1 Principal Account shall be deposited by the Indenture Trustee in money market funds having at the time of the Trust's inve...
Noteholders. The Series 2022-1 Agent hereby agrees (i) to act as the securities intermediary (as defined in Section 8-102(a)(14) of the New York UCC) with respect to the Series 2022-1 Distribution Account; (ii) that its jurisdiction as securities intermediary is New York, (iii) that each item of property (whether investment property, financial asset, security, instrument or cash) credited to the Series 2022-1 Distribution Account shall be treated as a financial asset (as defined in Section 8-102(a)(9) of the New York UCC) and (iv) to comply with any entitlement order (as defined in Section 8-102(a)(8) of the New York UCC) issued by the Trustee.
Noteholders. The Issuer shall, on each Date of Processing on or after the Closing Date, after giving effect to allocations in respect of Dealer Overconcentrations, Manufacturer Overconcentrations and Product Line Overconcentrations pursuant to Section 8.4 of the Indenture, allocate to the Series 2013-1 Noteholders the following amounts as set forth below:
Noteholders. (a) If (in the Security Trustee's sole opinion) there is or may be a conflict of interest between the Class A Noteholders and any other Fifth Issuer Secured Creditor, then, save as provided herein and subject to Condition 11 of the Fifth Issuer Notes, the Security Trustee will have regard to the interests of the Class A Noteholders only;
Noteholders. The Agent may treat the payee of any Revolving Credit Note as the holder thereof until written notice of transfer shall have been filed with the Agent, signed by such payee and in form satisfactory to the Agent.
Noteholders. The Trustee must always have regard to the Noteholders’ interests as a class and not as individual Noteholders. The Trustee may not require, nor may any Noteholder claim, any indemnification or payment from the Issuer or Trustee in respect of any consequence (tax or otherwise) of any action of the Trustee upon individual Noteholders. While any Global Note is held on behalf of a Clearing System, the Trustee may have regard to any information provided by such Clearing System as to the identity of its accountholders having entitlements to such Global Note and may consider such interests as if such accountholders were the Noteholders.
Noteholders. 3.1 Upon (i) the making of the advance and the payment referred to in Clause 3.2 and (ii) the issue of a duly executed and authenticated Series 04-2 Temporary Global Note, the person who has made such advance shall be treated for all purposes under the Security Trust Deed and MTN Cash Management Agreement, as supplemented by this Series 04-2 MTN Supplement, as a Noteholder in respect of Series 04-2 and a Secured Creditor in respect of Secured Property on the Issue Date in accordance with Clauses 4.1 to 4.3 of the Security Trust Deed and MTN Cash Management Agreement, and as such shall be beneficially entitled to a security interest in such Secured Property to the extent of the Principal Amount together with interest and any other amounts due or owing in respect of the Notes.
