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, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Transaction Documents, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Transaction 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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Transaction Documents.

Appears in 11 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

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

Appears in 7 contracts

Samples: Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.), Indenture (Hercules Capital, Inc.)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor Seller and the Servicer, Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Transaction DocumentsTrust 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 Transaction Documents 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 Trust Depositor Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings Proceedings to compel or secure performance by the Trust Depositor Seller or the Servicer of each of their obligations under the Transaction DocumentsTrust Agreement.

Appears in 6 contracts

Samples: Indenture (Uacsc Auto Trusts Uacsc 1999-C Owner Trust Auto Rec Bac Note), Indenture (Uacsc Auto Trusts Uacsc 1999-D Owner Trust Auto Rec Bac Note), Indenture (United Fidelity Finance LLC)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so, so the Issuer shall agrees to take all such lawful action as the Indenture Trustee may reasonably request to compel or secure the performance and observance by the Trust Depositor Seller, the Parent and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Transaction DocumentsDocuments 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 Transaction 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 Trust Depositor Seller, the Parent or the Servicer thereunder and the institution of legal or administrative actions or proceedings Proceedings to compel or secure performance by the Trust Depositor Seller, the Parent or the Servicer of each of their obligations under the Transaction Documents.

Appears in 5 contracts

Samples: Base Indenture (Conns Inc), Base Indenture (Conns Inc), Base Indenture (Conns Inc)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soTrustee, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor and the Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Transaction DocumentsSale and Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Transaction Documents Sale and 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 Trust Depositor or the Master Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Master Servicer of each of their obligations under the Transaction DocumentsSale and Servicing Agreement.

Appears in 3 contracts

Samples: Indenture (Household Mortgage Loan Trust 2003-Hc1), Household Mortgage Loan Trust 2002 Hc1, HFC Revolving Corp Household Home Equity Ln Tr 2003 1

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Transaction Documents, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Transaction 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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Transaction Documents.

Appears in 3 contracts

Samples: Indenture (Ares Capital Corp), Indenture (NewStar Financial, Inc.), NewStar Financial, Inc.

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor and Company or the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Transaction DocumentsSale and Servicing Agreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Transaction Documents Sale and 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 Trust Depositor Company or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor Company or the Servicer of each of their obligations under the Transaction DocumentsSale and Servicing Agreement.

Appears in 3 contracts

Samples: Gs Mortgage Securities Corp, Asset Backed Securities Corp, Goldman Sachs Asset Backed Securities Corp

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Transaction Documents2018-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 Transaction Documents 2018-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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their its obligations under the Transaction Documents2018-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2018-A), Indenture (Mercedes-Benz Auto Lease Trust 2018-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Transaction Documents2014-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 Transaction Documents 2014-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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their its obligations under the Transaction Documents2014-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2014-A), Indenture (Mercedes-Benz Auto Lease Trust 2014-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Transaction Documents2018-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 Transaction Documents 2018-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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their its obligations under the Transaction Documents2018-B Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2018-B), Indenture (Mercedes-Benz Auto Lease Trust 2018-B)

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Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Transaction Documents, Sale and Servicing Agreement and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Transaction Documents Sale and 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 Trust Depositor Seller or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Servicer of each of their obligations under the Transaction DocumentsSale and Servicing Agreement.

Appears in 2 contracts

Samples: First Alliance Mortgage Loan Trust 1998-1f, First Alliance Mortgage Loan Trust 1998-1a

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Transaction Documents2015-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 Transaction Documents 2015-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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their its obligations under the Transaction Documents2015-B Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2015-B), Indenture (Mercedes-Benz Auto Lease Trust 2015-B)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Transaction Documents2017-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 Transaction Documents 2017-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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their its obligations under the Transaction Documents2017-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2017-A), Indenture (Mercedes-Benz Auto Lease Trust 2017-A)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soso 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 Trust Depositor and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Transaction Documents2016-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 Transaction Documents 2016-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 Trust Depositor or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their its obligations under the Transaction Documents2016-A Servicing Agreement.

Appears in 2 contracts

Samples: Indenture, (Mercedes-Benz Auto Lease Trust 2016-A), Indenture (Mercedes-Benz Auto Lease Trust 2016-A)

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

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do soTrustee, the Issuer shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Originator and the Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Transfer Agreement and any other Transaction Documents, Document and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Transfer Agreement or any other Transaction Documents Document to the extent extent, and in the manner directed by the Indenture Trustee, including the transmission of notices of default on the part of the Trust Depositor Originator or the Servicer thereunder and the institution of legal or administrative actions or proceedings to compel or secure performance by the Trust Depositor Originator or the Servicer of each of their obligations under the Transfer Agreement and the other Transaction Documents.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

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