Common use of Optional Preservation of the Contracts Clause in Contracts

Optional Preservation of the Contracts. Following an Event of Default and except as otherwise provided above, the Indenture Trustee may, but need not, at the expense of the Servicer elect to maintain possession of the Collateral. It is the desire of the parties hereto and the Noteholders that there be at all times sufficient funds for the payment of principal and interest on the Notes. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain at the expense of the Servicer and rely upon an opinion of an Independent investment bank or Independent Certificate of an accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Indenture (Cit Equipment Collateral 2003-Ef1), Indenture (Cit Ec Ef 2001-A)

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Optional Preservation of the Contracts. Following an Event of Default and except as otherwise provided above, the Indenture Trustee may, but need not, at the expense of the Servicer elect to maintain possession of the Collateral. It is the desire of the parties hereto and the Noteholders that there be at all times sufficient funds for the payment of principal and interest on the Notes. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain at the expense of the Servicer and rely upon an opinion of an Independent investment bank banking firm or Independent Certificate of an accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 4 contracts

Samples: Indenture (Cit Equipment Collateral 2004-Vt1), Indenture (Cit Equipment Collateral 2002-Vt1), Indenture (CIT Equipment Collateral 2005-Vt1)

Optional Preservation of the Contracts. Following an Event of Default and except as otherwise provided above, the Indenture Trustee may, but need not, at the expense of the Servicer elect to maintain possession of the Collateral. It is the desire of the parties hereto and the Noteholders that there be at all times sufficient funds for the payment of principal and interest on the Notes. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain at the expense of the Servicer and rely upon an opinion of an Independent investment bank banking or Independent Certificate of an accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 3 contracts

Samples: Indenture (Cit Equipment Collateral 2000-2), Indenture (Cit Equipment Collateral 2000-1), Article Seven (Cit Equipment Collateral 2001-1)

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Optional Preservation of the Contracts. Following an Event of Default which is continuing and except as otherwise provided above, the Indenture Trustee may, but need not, at the expense of the Servicer elect to maintain possession of the Collateral. It is the desire of the parties hereto and the Noteholders that there be at all times sufficient funds for the payment of principal and interest on the Notes. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain at the expense of the Servicer and rely upon an opinion of an Independent investment bank or Independent Certificate of an accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 3 contracts

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

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