Common use of Performance and Enforcement of Certain Obligations Clause in Contracts

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller of its obligations under the Sale and Assignment Agreement.

Appears in 2 contracts

Samples: Onyx Acceptance Corp, Onyx Acceptance Corp

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Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2021-A Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2021-A Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2021-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-A), Indenture (Mercedes-Benz Auto Lease Trust 2021-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Depositor and the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereofServicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Depositor or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 2 contracts

Samples: Residential Asset Funding Corp, Home Equity Securitization Corp

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2021-B Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2021-B Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2021-B Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2021-B)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2019-B Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2019-B Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2019-B Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2019-B), Indenture (Mercedes-Benz Auto Lease Trust 2019-B)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2019-A Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2019-A Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2019-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2019-A), Indenture (Mercedes-Benz Auto Lease Trust 2019-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2020-B Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2020-B Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2020-B Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2020-B), Indenture (Mercedes-Benz Auto Lease Trust 2020-B)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2020-A Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2020-A Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2020-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2020-A), Indenture (Mercedes-Benz Auto Lease Trust 2020-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseso, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Loan Originator and the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Servicing Agreement in accordance with or the terms thereofLoan Sale Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Loan Originator or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Loan Originator or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement and the Loan Sale Agreement.

Appears in 2 contracts

Samples: Indenture (Capitalsource Inc), Capitalsource Inc

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's ’s expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Servicer of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof2023-A Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement 2023-A Servicing Agreement, as the case may be, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Servicer of its obligations under the Sale and Assignment 2023-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseso, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Transferor and the Administrative Agent, as applicable, of its each of their respective obligations to the Issuer under or in connection with the Sale and Assignment Agreement Administration Agreement, in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement such agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Administrative Agent thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Administrative Agent of its obligations under the Sale and Assignment Administration Agreement.

Appears in 1 contract

Samples: Trust Indenture (Ryder Truck Rental Lt)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Sellers and the Master Servicer as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Servicing Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of a Seller or the Seller Master Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by such Seller or the Seller Master Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 1 contract

Samples: WFS Receivables Corp

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so so, and at the Administrator's atthe Issuer’s expense, the Issuer shall will take all such lawful action as the Indenture Trustee may request to compel or secure the performance by Servicer and observance by the Seller of its their respective obligations to the Issuer under or in connection with the Sale and Assignment Servicing Agreement in accordance with and the terms thereofother Basic Documents, and to exercise any and all rights, remedies, powers powers, privileges and privileges claims lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement and the other Basic Documents to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller thereunder with respect to Servicer and Servicer under this Indenture and the institution of legal or administrative actions or proceedings to compel or secure performance by the Servicer and Seller of its their respective obligations under the Sale and Assignment AgreementServicing Agreement and the other Basic Documents.

Appears in 1 contract

Samples: NewStar Financial, Inc.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereofServicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 1 contract

Samples: Equivantage Acceptance Corp

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Trust Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Trust Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Trust Agreement.. 41

Appears in 1 contract

Samples: Indenture (Uacsc Auto Trusts)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Trust Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Trust Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Trust Agreement.

Appears in 1 contract

Samples: Indenture (Bay View Securitization Corp)

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Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Trust Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Trust Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Trust Agreement.. 42

Appears in 1 contract

Samples: Indenture (Uacsc 1999-B Owner Tr Auto Rec Bk Notes)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseso, the Issuer shall (i) take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Depositor of each of its obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereof, and to (ii) exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller thereunder Land Lease Entities and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Depositor of each of its obligations under the Sale and Assignment Agreement.

Appears in 1 contract

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseso, the Issuer Trust shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Transferor, the Administrative Agent and the Maintenance Provider, as applicable, of its each of their obligations to the Issuer Trust under or in connection with the Sale and Assignment Administration Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer Trust under or in connection with the Sale and Assignment Agreement each such agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Administrative Agent thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Transferor, the Administrative Agent and the Maintenance Provider of its their respective obligations under the Sale and Assignment Administration Agreement.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseTrustee, the Issuer Owner Trustee shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer, as applicable, of its each of their obligations to the Issuer Owner Trustee under or in connection with the Sale and Assignment Agreement in accordance with the terms thereofServicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer Owner Trustee under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 1 contract

Samples: Compass Asset Acceptance Co

Performance and Enforcement of Certain Obligations. (a) -------------------------------------------------- Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseduring an Event of Default, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Agreement in accordance with the terms thereofBasic Documents, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement Basic Documents to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment AgreementBasic Documents.

Appears in 1 contract

Samples: MCG Capital Corp

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller or the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Servicing Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 1 contract

Samples: Indenture (World Omni Auto Receivables LLC)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expense, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller and the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Servicing Agreement in accordance with the terms thereof, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Agreement Servicing Agreement, to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings Proceedings to compel or secure performance by the Seller or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 1 contract

Samples: Fleetwood Credit Receivables Corp

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseso, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Originator and the Servicer, as applicable, of its each of their obligations to the Issuer under or in connection with the Sale and Assignment Servicing Agreement in accordance with or the terms thereofLoan Sale Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Originator or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Seller Originator or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement and the Loan Sale Agreement.

Appears in 1 contract

Samples: Indenture (Hercules Technology Growth Capital Inc)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator's expenseso, the Issuer Trust shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Seller Transferor and the Servicer, as applicable, of its each of their obligations to the Issuer Trust under or in connection with the Sale and Assignment Agreement in accordance with the terms thereofServicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer Trust under or in connection with the Sale and Assignment Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Seller Transferor or the Servicer thereunder and the institution of legal or administrative actions or proceedings Proceedings to compel or secure performance by the Seller Transferor or the Servicer of its each of their obligations under the Sale and Assignment Servicing Agreement.

Appears in 1 contract

Samples: Ascent Entertainment Group Inc

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