Qualified Substitute Collateral definition
Examples of Qualified Substitute Collateral in a sentence
If, after the repayment in full of all loans and other obligations under the Secured Credit Facilities and the termination of the commitments thereunder, the Company or any Grantor pledges any additional Collateral in order to comply with Section 4.11 or otherwise, such additional collateral shall be comprised of Qualified Substitute Collateral.
Scheduled Payments received with respect to such Qualified Substitute Collateral on or before the date of substitution will be retained by the Originator.
To the extent that any such Net Available Cash or Net Event of Loss Proceeds remain on deposit with the Collateral Agent after the Qualified Substitute Collateral has been duly tendered, such amounts will be retained in the Cash Collateral Account as additional “Collateral Excess Proceeds” and disposed of in the manner specified in Section 4.11.
On the date of such substitution, the Collateral Custodian (at the written direction of the Servicer) shall release the Deleted Collateral from the lien of the Guarantee and Security Agreement and the Servicer will cause such Qualified Substitute Collateral to be pledged to the Collateral Custodian under the Guarantee and Security Agreement as part of the Collateral.
The Servicer shall deposit in the Collection Account all payments received in connection with each item of Qualified Substitute Collateral after the date of such substitution.
As to any Deleted Collateral for which the Originator substitutes Qualified Substitute Collateral, the Originator shall effect such substitution by delivering to the Administrative Agent an Officer’s Certificate of the Originator to the effect that the Substitution Adjustment has been remitted to the Servicer for deposit in the Collection Account.
Upon such substitution, such Qualified Substitute Collateral shall be subject to the terms of this Agreement in all respects, and the Originator shall be deemed to have made with respect to such Qualified Substitute Collateral, as of the date of substitution, the covenants, representations and warranties set forth in Section 3.03, 3.04 or 3.05, as applicable.
Within 30 days following the receipt of Collateral Proceeds, if necessary in order to comply with this Section 4.11, the Company will have the option to (i) pledge Qualified Substitute Collateral or (ii) identify in an Officers’ Certificate delivered to the Trustee the Collateral Proceeds therefrom as “Designated Collateral Proceeds” or (iii) implement any combination of clauses (i) and (ii) sufficient to maintain compliance with this Section 4.11.
The Originator shall give written notice to the Depositor, the Borrower, the Servicer and the Administrative Agent that such substitution has taken place and the Servicer shall amend the Collateral Schedule to reflect (i) the removal of such Deleted Collateral or substituted Collateral from the terms of this Agreement and (ii) the substitution of the Qualified Substitute Collateral.