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 Trust Depositor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 16 contracts
Samples: Indenture (Harley-Davidson Motorcycle Trust 2004-3), Indenture (Harley-Davidson Motorcycle Trust 2006-3), Indenture (Harley Davidson Customer Funding 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 Trust Depositor and the Servicer, Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale Pooling and 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 Pooling 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale Pooling and Servicing Agreement.
Appears in 15 contracts
Samples: Indenture (Cit Equipment Collateral 2000-1), Article Seven (Cit Equipment Collateral 2001-1), Indenture (CIT Equipment Collateral 2005-Vt1)
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 Trust Depositor Seller and the Servicer, Master Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Master Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Master Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 11 contracts
Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial 1997-D Owner Trust)
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 Trust Depositor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 10 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Indenture (Harley-Davidson Motorcycle Trust 2011-1)
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 Trust Depositor Transferor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Transferor or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Transferor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 7 contracts
Samples: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Financial Asset Securities Corp), Indenture (Financial Asset Securities Corp)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the AdministratorIssuer’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 Seller, the Depositor and the Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sales Agreement and the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Servicer Seller thereunder and the institution of legal of or administrative actions or proceedings Proceedings to compel or secure performance by the Trust Seller, the Depositor or the Master Servicer of each of their obligations under the Sale and Servicing Agreement and the Sales Agreement.
Appears in 7 contracts
Samples: Indenture (Sast 2006-3), Saxon Asset Securities Trust 2005-1, Saxon Asset Securities Trust 2004-3
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 Trust Depositor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 6 contracts
Samples: Sale and Servicing Agreement and Trust Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Eaglemark Inc), Sale and Servicing Agreement (Harley Davidson Customer Funding 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 Trust Depositor and the Servicer, Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 6 contracts
Samples: Heller Equipment (Heller Funding Corp Ii), Indenture (Heller Funding Corp), Eaglemark 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 shall take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Depositor, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Depositor, the Seller or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Depositor, the Seller or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 6 contracts
Samples: Indenture (Imc Home Equity Loan Owner Trust 1998-4), Indenture (Imc Home Equity Loan Owner Trust 1998-7), Bear Stearns Asset Backed Securities Inc
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s expenseTrustee, the Issuer Issuer, in its capacity as owner of the Mortgage Loans, shall take all such lawful action as the Indenture Trustee may request to cause the Issuer to compel or secure the performance and observance by the Trust Depositor Sellers and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale Purchase Agreement and the Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Purchase Agreement and the Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, as pledgee of the Mortgage Loans, including the transmission of notices of default on the part of the Trust Depositor Sellers or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sellers or the Servicer of each of their obligations under the Sale Purchase Agreement and the Servicing Agreement.
Appears in 5 contracts
Samples: GMACM Mortgage Loan Trust 2004-Gh1, Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2, Residential Asset Mortgage Products Inc
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so 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 Trust Depositor Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 Servicing Agreement 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 of 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 Sale and Servicing Agreement.
Appears in 5 contracts
Samples: Indenture (Usaa Federal Savings Bank), Indenture (Usaa Federal Savings Bank), Indenture (Usaa Federal Savings Bank Usaa Auto Owner Trust 2001-1)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Issuer's expense, 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 and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale Agreement and the Servicing Agreement Agreement, respectively, 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 Agreement and the Servicing Agreement Agreement, respectively, 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 of 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 Sale Agreement and the Servicing Agreement, respectively.
Appears in 4 contracts
Samples: Administration Agreement (PSNH Funding LLC 2), PSNH Funding LLC, PSNH Funding LLC 2
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Company's expense, the Issuer shall agrees to 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 Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 4 contracts
Samples: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Administra- tor'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, Master Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Master Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Master Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 4 contracts
Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee Trust Collateral Agent to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee Trust Collateral Agent 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 Sale and 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 Servicing Agreement to the extent and in the manner directed by the Indenture TrusteeTrust Collateral Agent, including the transmission of notices of default on the part of the Trust Depositor Seller or the Servicer thereunder and the institution of legal of 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 Sale and Servicing Agreement.
Appears in 4 contracts
Samples: Indenture (TFC Enterprises Inc), TFC Enterprises Inc, TFC Enterprises Inc
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s expenseTrustee, the Issuer Issuer, in its capacity as owner of the Mortgage Loans, shall take all such lawful action as the Indenture Trustee may request to cause the Issuer to compel or secure the performance and observance by the Trust Depositor Sellers and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale Purchase Agreement and the Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Purchase Agreement and the Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, as pledgee of the Mortgage Loans, including the transmission of notices of default on the part of the Trust Depositor Sellers or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sellers or the Servicer of each of their obligations under the Sale Purchase Agreement and the Servicing Agreement.
Appears in 4 contracts
Samples: Phoenix Residential Securities, LLC, Phoenix Residential Securities, LLC, GMACM Home Equity Loan Trust 2007-He3
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so 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 Trust Depositor Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 Servicing Agreement 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 of 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 Receivables Purchase Agreement and the Sale and Servicing Agreement.
Appears in 4 contracts
Samples: Indenture (Usaa Acceptance LLC Auto Owner Trust 2002-1), Usaa Acceptance LLC Trust 2004-1, Usaa Auto Owner Trust 2003-1
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Representative, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Indenture (TMS Auto Holdings Inc), TMS Auto Holdings Inc, FCC Receivables Corp
Performance and Enforcement of Certain Obligations. (a1) Promptly following a request from the Indenture Trustee at the direction of the Majority Noteholders to do so and at the AdministratorIssuer’s expense, the Issuer shall agrees to 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 Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 of 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 Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Credit 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 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 Trust Depositor Transferor and the Servicer, as applicable, of each of their obligations to the Issuer and the Grantor Trustee under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer Issuer, as Grantor Trust Holder, under or in connection with the Sale and Servicing Agreement and the Grantor 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 Transferor or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Transferor or the Servicer of each of their obligations under the Sale and Servicing Agreement and the Grantor Trust Agreement.
Appears in 3 contracts
Samples: Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1, Master Financial Asset Securitization Trust 1998-2, Master Financial Asset Securitization Trust 1998-2
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Depositor, the Sponsor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Ace Securities Corp, Barnett Auto Receivables Corp, Oxford Resources 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 Trust Depositor Loan Originator and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with or the terms thereofLoan Purchase 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 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 Loan Originator or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Loan Originator or the Servicer of each of their obligations under the Sale and Servicing Agreement and the Loan Purchase Agreement.
Appears in 3 contracts
Samples: Indenture (H&r Block Inc), Indenture (H&r Block Inc), H&r Block Inc
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the AdministratorServicer’s expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Representative, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 3 contracts
Samples: Note Depository Agreement (Franklin Auto Trust 2004-2), Note Depository Agreement (Franklin Receivables Auto Trust 2003-1), Note Depository Agreement (Franklin Auto Trust 2003-2)
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, the Depositor, the Trust Depositor and Administrator or the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement to the extent and in the manner directed by the Indenture TrusteeAgreement, including the transmission of notices of default on the part of the Seller, the Depositor, the Trust Depositor Administrator or the Servicer thereunder Servicer, as applicable, under the Sale and Servicing Agreement and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Seller, the Depositor, the Trust Depositor Administrator or the Servicer of each of their applicable obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Indymac Abs Inc, Indenture (Indymac MBS Inc)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee (at the direction of the Controlling Party) to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Sponsor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Sponsor or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sponsor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/), Pooling Agreement and Indenture (Greenpoint Mortgage Securities 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 reasonably request to compel or secure the performance and observance by the Trust Depositor and the Servicer, Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale Pooling and 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 Pooling 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Indenture (Cit Funding Co, LLC), Cit Equipment Collateral 2006-Vt2
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the AdministratorIssuer’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 Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Mortgage Loan Purchase Agreement and the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Servicer Seller thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Master Servicer of each of their obligations under the Sale and Servicing Agreement and the Mortgage Loan Purchase Agreement.
Appears in 2 contracts
Samples: Indenture (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Representative, and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Representative or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Representative or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Indenture (Money Store Commercial Mortgage Inc), Money Store Home Equity 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 '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 each Seller of its obligations under the Trust Depositor related Purchase Agreement and the Servicer, as applicable, Servicer of each of their its obligations to the Issuer under or in connection with the Sale and 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 Servicing Agreement 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 each Seller or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor each Seller or the Servicer of each of their obligations under the related Receivables Purchase Agreement and the Sale and Servicing Agreement, as applicable.
Appears in 2 contracts
Samples: Indenture (Bear Stearns Asset Backed Whole Auto Loan Trust 2003-1), Gmac Servicing Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2004-1)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Master Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Sponsor and the Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Sponsor or the Master Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sponsor or the Master Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Advanta Mortgage Conduit Services Inc, Advanta Revolving Home Equity Loan Trust 1998-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 agrees to 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 respective obligations to the Issuer under or in connection with the Sale and 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 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 of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Servicer of each of their respective obligations under the Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Form of Indenture (Chase Manhattan Bank Usa), Chase Manhattan Bank Usa
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee or the Note Insurer to do so and at the Administrator’s expenseso, the Issuer shall take all such lawful action as the Indenture Trustee or the Note Insurer 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 Sale and 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 Servicing Agreement to the extent and in the manner directed by the Indenture TrusteeTrustee or the Note Insurer, including the transmission of notices of default on the part of the Trust Depositor Seller or the Servicer thereunder and the institution of legal of 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 Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Indenture (First Alliance Mortgage Loan Trust 1998-2), First Alliance Mortgage Loan Trust 1998-2
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 Trust Depositor Loan Originator and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Loan Originator or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Loan Originator or the Servicer of each of their obligations under the Sale and Servicing Agreement and the Loan Sale Agreement.
Appears in 2 contracts
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the AdministratorServicer’s expense, the Issuer shall agrees to 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 Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 2 contracts
Samples: Indenture (HSBC Automotive Trust (USA) 2007-1), Indenture (HSBC Automotive Trust (USA) 2006-1)
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 Trust Depositor Depositor, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Depositor, the Seller or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Depositor, the Seller or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Ucfc 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 Trust Depositor Seller and the Servicer, Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 1 contract
Samples: Onyx Acceptance Owner Trust 2005-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 Trust Depositor Originator and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Originator or the Servicer thereunder and the institution of legal of 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 Sale and Servicing Agreement and the Loan Sale Agreement.
Appears in 1 contract
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 Trust Depositor Sellers and the Servicer, Master Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 a Seller or the Master Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor such Seller or the Master Servicer of each of their obligations under the Sale and 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 and at the AdministratorServicer’s expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Sellers and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Sellers or the Servicer thereunder and the institution of legal of or administrative actions or proceedings Proceedings to compel or secure performance by the Trust Depositor Sellers, or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Indenture (Americredit 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 agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Sellers and the Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and 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 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 either Seller or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sellers or the Servicer of each of their respective obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Indenture (Chase Manhattan Bank Usa)
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Depositor, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Mellon Auto Receivables Corp
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee at the direction of the Majority Noteholders to do so and at the AdministratorIssuer’s expense, the Issuer shall agrees to 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 Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 of 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 Sale and Servicing Agreement.. 20510355.11
Appears in 1 contract
Samples: Credit Acceptance Corp
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Seller, the Sponsor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 1 contract
Samples: Oxford Resources Corp
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee upon the direction of the Servicer to do so and at the Administrator’s Issuer's expense, the Issuer shall agrees to 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 Sale and 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 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 Servicer thereunder and the institution of legal of 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 Sale and Servicing Agreement.
Appears in 1 contract
Samples: Long Beach Acceptance Corp
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee Trust Collateral Agent to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee Trust Collateral Agent 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 Sale and Servicing Agreement in accordance with the terms thereof, and 40 Indenture to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale and Servicing Agreement to the extent and in the manner directed by the Indenture TrusteeTrust Collateral Agent, including the transmission of notices of default on the part of the Trust Depositor Seller or the Servicer thereunder and the institution of legal of 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 Sale and Servicing Agreement.
Appears in 1 contract
Samples: TFC Enterprises Inc
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Servicer's expense, the Issuer shall agrees to take all such lawful action as the Indenture Trustee may request to compel or secure the performance and observance by the Trust Depositor Sponsor and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Sponsor or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sponsor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Indenture (Prudential Securities Secured Financing Corp)
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the AdministratorIssuer’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 Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Mortgage Loan Sale Agreement and the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Servicer Seller thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Master Servicer of each of their obligations under the Sale and Servicing Agreement and the Mortgage Loan Sale Agreement.
Appears in 1 contract
Samples: Structured Asset Securities Corp Mort Back Notes Ser 2002 9
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 Trust Depositor Loan Originator and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Loan Originator or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Loan Originator or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Franchise Finance Corp of America
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Servicer'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, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 of 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 Sale and Servicing Agreement.
Appears in 1 contract
Performance and Enforcement of Certain Obligations. (a) Promptly following a request from the Indenture Trustee to do so and at the Administrator’s Issuer'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 Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Mortgage Loan Sale Agreement and the Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Master Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Master Servicer of each of their obligations under the Servicing Agreement and the Sale and Servicing Agreement.
Appears in 1 contract
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 Trust Depositor and Transferor or the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Transferor or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Transferor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Pooled Auto Securities Shelf 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 Trust Depositor and or the Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale Transfer and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Transfer 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 under the Transfer and Servicing Agreement and the institution of legal of 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 Sale Transfer and Servicing Agreement.
Appears in 1 contract
Samples: BLG Securities Company, LLC
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 Trust Depositor and Seller or the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 of 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 Sale and Servicing Agreement.
Appears in 1 contract
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 Trust Depositor Depositor, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 Servicing Agreement or any other Operative Document 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 Depositor, the Seller or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Depositor, the Seller or the Servicer of each of their obligations under the Sale and Servicing AgreementAgreement and the other Operative Documents.
Appears in 1 contract
Samples: Indenture (Bluegreen 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 Trust Depositor Seller of its obligations under the Receivables Purchase Agreement and the Servicer, as applicable, Master Servicer of each of their its obligations to the Issuer under or in connection with the Sale and 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 Servicing Agreement 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 Master Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Seller or the Master Servicer of each of their obligations under the Receivables Purchase Agreement and the Sale and Servicing Agreement, as applicable.
Appears in 1 contract
Samples: Indenture (Merrill Auto Trust Securitization 2005-1)
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 Trust Depositor Loan Originator and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with or the terms thereofLoan Purchase 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 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 Loan Originator or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Loan Originator or the Servicer of each of their obligations under the Sale and Servicing Agreement and the Loan Purchase Agreement.
Appears in 1 contract
Samples: Indenture (H&r Block 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 Trust Depositor and the Servicer, Servicer as applicable, of each of their obligations to the Issuer under or in connection with the Sale Pooling and 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 Pooling 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale Pooling and Servicing Agreement.
Appears in 1 contract
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 Trust Depositor and the Servicer, as applicable, of each of their respective obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their respective obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Dealer Auto 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 '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, of each of their obligations to the Issuer under or in connection with the Sale and 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 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 Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Fidelity Leasing Inc
Performance and Enforcement of Certain Obligations. (a) Promptly following a written request from the Indenture Trustee to do so and at the Administrator’s expenseTrustee, the Issuer Issuer, in its capacity as owner of the Home Loans, shall take all such lawful action as the Indenture Trustee may request to cause the Issuer to compel or secure the performance and observance by the Trust Depositor Sellers and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale Purchase Agreement and the Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the Sale Purchase Agreement and the Servicing Agreement to the extent and in the manner directed by the Indenture Trustee, as pledgee of the Home Loans, including the transmission of notices of default on the part of the Trust Depositor Sellers or the Servicer thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Depositor Sellers or the Servicer of each of their obligations under the Sale Purchase Agreement and the Servicing Agreement.
Appears in 1 contract
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 Trust Depositor Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and 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 Servicing Agreement 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 of 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 Sale and 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 AdministratorIssuer’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 Seller, the Depositor and the Master Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sales Agreement and the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 Servicer Seller thereunder and the institution of legal of or administrative actions or proceedings to compel or secure performance by the Trust Seller, the Depositor or the Master Servicer of each of their obligations under the Sale and Servicing Agreement and the Sales Agreement.
Appears in 1 contract
Samples: Saxon Asset Securities Co
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 Trust Depositor Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement in accordance with the terms thereofAgreement, and to exercise any and all rights, remedies, powers and privileges lawfully available to the Issuer under or in connection with the 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 of 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 Sale and 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 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 Trust Depositor Depositor, the Seller and the Servicer, as applicable, of each of their obligations to the Issuer under or in connection with the Sale and Servicing Agreement or by the Depositor or the Seller of their respective obligations under or in accordance connection with 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 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 Depositor, the Seller or the Servicer thereunder and the institution of legal of administrative actions or proceedings to compel or secure performance by the Trust Depositor or the Servicer of each of their obligations under the Sale and Servicing Agreement.the
Appears in 1 contract
