Common use of Acceleration of Maturity; Rescission and Annulment Clause in Contracts

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable by written notice to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 82 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-2), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-1)

AutoNDA by SimpleDocs

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred occur and be continuing, then and in every such case the Indenture Trustee or may, and if so directed in writing by the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency)of Notes shall, declare all the Notes to be then immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount Outstanding Amount of the such Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 55 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2024-A), Indenture (Hyundai Auto Receivables Trust 2024-A), Indenture (Hyundai Auto Receivables Trust 2023-C)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred should occur and be continuing, the Indenture Trustee or then and in every such case the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount or the Indenture Trustee, at the request or direction of the Controlling Class mayHolders of Notes representing not less than a majority of the Outstanding Amount, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), may declare all the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the such Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 22 contracts

Samples: Indenture (Honda Auto Receivables 2014-3 Owner Trust), Indenture (Honda Auto Receivables 2014-3 Owner Trust), Indenture (Honda Auto Receivables 2015-2 Owner Trust)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 14 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2018-1), Indenture (Mercedes-Benz Auto Receivables Trust 2018-1), Indenture (Mercedes-Benz Auto Receivables Trust 2016-1)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable by written notice to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 14 contracts

Samples: Indenture (CarMax Auto Owner Trust 2010-2), Indenture (CarMax Auto Owner Trust 2004-1), Indenture (Carmax Auto Owner Trust 2005-3)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred should occur and be continuing, the Indenture Trustee or shall, at the written direction of the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency)Class, declare all of the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer Issuing Entity (and to the Indenture Trustee if given by the Noteholders), ) setting forth the Depositor and the ServicerEvent of Default or Events of Default, and upon any such declaration the unpaid principal amount of the such Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 13 contracts

Samples: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred occur and be continuing, then and in every such case the Indenture Trustee may, or the Indenture Trustee if so directed in writing by the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency)of Notes shall, declare all the Notes to be then immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount Outstanding Amount of the such Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 11 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2011-B), Indenture (Hyundai Auto Receivables Trust 2011-A), Indenture (Hyundai Auto Receivables Trust 2006-B)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred should occur and be continuing, then and in every such case, unless the principal amount of the Notes shall have already become due and payable, either the Indenture Trustee or the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), Notes may declare all the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by the Noteholders), ) setting forth the Depositor and the ServicerEvent or Events of Default, and upon any such declaration the unpaid principal amount of the such Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 7 contracts

Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp), Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred occur and be continuing, then and in every such case the Indenture Trustee may, or the Indenture Trustee if so directed in writing by the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency)Notes shall, declare all the Notes to be then immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount Outstanding Amount of the such Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 5 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2010-B), Indenture (Hyundai Abs Funding Corp), Hyundai Auto Receivables Trust 2010-A

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred should occur and be continuing, then and in every such case, unless the principal amount of the Notes shall have already become due and payable, either the Indenture Trustee or the Holders of Notes evidencing representing not less than 51% a majority of the Note Balance Outstanding Amount of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), Voting Notes may declare all the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer Owner Trustee (and to the Indenture Trustee if given by the Noteholders), ) setting forth the Depositor and the ServicerEvent or Events of Default, and upon any such declaration the unpaid principal amount of the Notes, Notes together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 4 contracts

Samples: Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation), Indenture (Navistar Financial Retail Receivables Corporation)

AutoNDA by SimpleDocs

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable by written notice to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Master Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 4 contracts

Samples: Indenture (WDS Receivables LLC), Wachovia Auto Owner Trust 2006-A, WDS Receivables LLC

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency)Agency and the Swap Counterparty, declare the Notes to be immediately due and payable by written notice to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Master Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 3 contracts

Samples: Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (Wachovia Auto Owner Trust 2008-A), Wachovia Auto Loan Owner Trust 2008-1

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class Notes may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 2 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2020-1), Indenture (Daimler Trucks Retail Trust 2020-1)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to [the Swap Counterparty and] the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable by written notice to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 2 contracts

Samples: Carmax Auto Funding LLC, Carmax Auto Funding LLC

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency)Agency and the Administrator, declare the Notes to be immediately due and payable by written notice to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2011-3), Indenture (CarMax Auto Owner Trust 2011-2)

Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default shall have occurred and be continuing, the Indenture Trustee or the Holders of Notes evidencing not less than 51% [51]% of the Note Balance of the Controlling Class may, upon prior written notice to the Administrator (who shall promptly forward such notice to each Rating Agency), declare the Notes to be immediately due and payable payable, by written a notice in writing to the Issuer (and to the Indenture Trustee if given by Noteholders), the Depositor and the Servicer, and upon any such declaration the unpaid principal amount of the Notes, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.

Appears in 1 contract

Samples: Indenture (Daimler Retail Receivables LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.