Definitions Clause Example with 8 Variations from Business Contracts
This page contains Definitions clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 Indenture Supplement. (a) The reference to "$789,473,685" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 Indenture Supplement is hereby replaced ...with "$836,236,934". (b) The reference to "$62,659,805" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 Indenture Supplement is hereby replaced with "$109,423,054". (c) The reference to "7.94%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 Indenture Supplement is hereby replaced with "13.09%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 Indenture Supplement is amended as follows: (i) The reference to "24.00%" in clause (a) is hereby replaced with "28.25%"; (ii) The reference to "14.41%" in clause (b) is hereby replaced with "19.20%"; and (iii) The reference to "7.94%" in clause (c) is hereby replaced with "13.09%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically.View More
Variations of a "Definitions" Clause from Business Contracts
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2010-2 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2010-2 Indenture Supplement. (a) The reference to "$789,473,685" "$337,837,838" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2010-2 Inde...nture Supplement is hereby replaced with "$836,236,934". "$363,636,364". (b) The reference to "$62,659,805" "$20,337,838" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2010-2 Indenture Supplement is hereby replaced with "$109,423,054". "$46,136,364". (c) The reference to "7.94%" "6.02%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2010-2 Indenture Supplement is hereby replaced with "13.09%". "12.69%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2010-2 Indenture Supplement is amended as follows: (i) The reference to "24.00%" "26.00%" in clause (a) is hereby replaced with "28.25%"; "31.25%"; (ii) The reference to "14.41%" "14.16%" in clause (b) is hereby replaced with "19.20%"; "20.25%"; and (iii) The reference to "7.94%" "6.02%" in clause (c) is hereby replaced with "13.09%". "12.69%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2010-2 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2010-2 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2010-2 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2010-2 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2013-1 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2013-1 Indenture Supplement. (a) The reference to "$789,473,685" "$1,052,631,579" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2013-1 In...denture Supplement is hereby replaced with "$836,236,934". "$1,103,448,276". (b) The reference to "$62,659,805" "$83,546,405" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2013-1 Indenture Supplement is hereby replaced with "$109,423,054". "$134,363,102". (c) The reference to "7.94%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2013-1 Indenture Supplement is hereby replaced with "13.09%". "12.18%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2013-1 Indenture Supplement is amended as follows: (i) The reference to "24.00%" in clause (a) is hereby replaced with "28.25%"; "27.50%"; (ii) The reference to "14.41%" in clause (b) is hereby replaced with "19.20%"; "18.35%"; and (iii) The reference to "7.94%" in clause (c) is hereby replaced with "13.09%". "12.18%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2013-1 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2013-1 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2013-1 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2013-1 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. 2 SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2012-4 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2012-4 Indenture Supplement. (a) The reference to "$789,473,685" "$500,000,000" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2012-4 Inde...nture Supplement is hereby replaced with "$836,236,934". "$503,597,123". (b) The reference to "$62,659,805" "$66,229,508" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-4 Indenture Supplement is hereby replaced with "$109,423,054". "$69,826,631". (c) The reference to "7.94%" "13.25%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-4 Indenture Supplement is hereby replaced with "13.09%". "13.87%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2012-4 Indenture Supplement is amended as follows: (i) The reference to "24.00%" "30.00%" in clause (a) is hereby replaced with "28.25%"; "30.50%"; (ii) The reference to "14.41%" "19.90%" in clause (b) is hereby replaced with "19.20%"; "20.47%"; and (iii) The reference to "7.94%" "13.25%" in clause (c) is hereby replaced with "13.09%". "13.87%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2012-4 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2012-4 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2012-4 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2012-4 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2012-3 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2012-3 Indenture Supplement. (a) The reference to "$789,473,685" "$571,428,572" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2012-3 Inde...nture Supplement is hereby replaced with "$836,236,934". "$575,539,569". (b) The reference to "$62,659,805" "$75,690,868" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-3 Indenture Supplement is hereby replaced with "$109,423,054". "$79,801,865". (c) The reference to "7.94%" "13.25%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-3 Indenture Supplement is hereby replaced with "13.09%". "13.87%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2012-3 Indenture Supplement is amended as follows: (i) The reference to "24.00%" "30.00%" in clause (a) is hereby replaced with "28.25%"; "30.50%"; (ii) The reference to "14.41%" "19.90%" in clause (b) is hereby replaced with "19.20%"; "20.47%"; and (iii) The reference to "7.94%" "13.25%" in clause (c) is hereby replaced with "13.09%". "13.87%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2012-3 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2012-3 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2012-3 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2012-3 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2012-7 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2012-7 Indenture Supplement. (a) The reference to "$789,473,685" "$657,894,737" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2012-7 Inde...nture Supplement is hereby replaced with "$836,236,934". "$694,444,445". (b) The reference to "$62,659,805" "$52,216,504" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-7 Indenture Supplement is hereby replaced with "$109,423,054". "$88,766,212". (c) The reference to "7.94%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-7 Indenture Supplement is hereby replaced with "13.09%". "12.78%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2012-7 Indenture Supplement is amended as follows: (i) The reference to "24.00%" in clause (a) is hereby replaced with "28.25%"; "28.00%"; (ii) The reference to "14.41%" in clause (b) is hereby replaced with "19.20%"; "18.91%"; and (iii) The reference to "7.94%" in clause (c) is hereby replaced with "13.09%". "12.78%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2012-7 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2012-7 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2012-7 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2012-7 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. 2 SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2011-2 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2011-2 Indenture Supplement. (a) The reference to "$789,473,685" "$928,571,429" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2011-2 Inde...nture Supplement is hereby replaced with "$836,236,934". "$935,251,799". (b) The reference to "$62,659,805" "$122,997,658" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2011-2 Indenture Supplement is hereby replaced with "$109,423,054". "$129,678,028". (c) The reference to "7.94%" "13.25%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2011-2 Indenture Supplement is hereby replaced with "13.09%". "13.87%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2011-2 Indenture Supplement is amended as follows: (i) The reference to "24.00%" "30.00%" in clause (a) is hereby replaced with "28.25%"; "30.50%"; (ii) The reference to "14.41%" "19.90%" in clause (b) is hereby replaced with "19.20%"; "20.47%"; and (iii) The reference to "7.94%" "13.25%" in clause (c) is hereby replaced with "13.09%". "13.87%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2011-2 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2011-2 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2011-2 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2011-2 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2012-6 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2012-6 Indenture Supplement. (a) The reference to "$789,473,685" "$1,315,789,474" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2012-6 In...denture Supplement is hereby replaced with "$836,236,934". "$1,379,310,345". (b) The reference to "$62,659,805" "$104,433,008" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-6 Indenture Supplement is hereby replaced with "$109,423,054". "$167,953,879". (c) The reference to "7.94%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-6 Indenture Supplement is hereby replaced with "13.09%". "12.18%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2012-6 Indenture Supplement is amended as follows: (i) The reference to "24.00%" in clause (a) is hereby replaced with "28.25%"; "27.50%"; (ii) The reference to "14.41%" in clause (b) is hereby replaced with "19.20%"; "18.35%"; and (iii) The reference to "7.94%" in clause (c) is hereby replaced with "13.09%". "12.18%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2012-6 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2012-6 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2012-6 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2012-6 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
Definitions. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Master Indenture or the Series 2012-2 2012-5 Indenture Supplement, as amended hereby. SECTION 2. Amendments to Series 2012-2 2012-5 Indenture Supplement. (a) The reference to "$789,473,685" in the definition of "Initial Collateral Amount" in Section 1.1 of the Series 2012-2 2012-5 Indenture Supplemen...t is hereby replaced with "$836,236,934". "$824,742,269". (b) The reference to "$62,659,805" in the definition of "Initial Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-5 Indenture Supplement is hereby replaced with "$109,423,054". "$97,928,389". (c) The reference to "7.94%" in the first sentence of the definition of "Required Excess Collateral Amount" in Section 1.1 of the Series 2012-2 2012-5 Indenture Supplement is hereby replaced with "13.09%". "11.87%". (d) The definition of "Monthly Principal Reallocation Amount" in Section 1.1 of the Series 2012-2 2012-5 Indenture Supplement is amended as follows: (i) The reference to "24.00%" in clause (a) is hereby replaced with "28.25%"; "27.25%"; (ii) The reference to "14.41%" in clause (b) is hereby replaced with "19.20%"; "18.07%"; and (iii) The reference to "7.94%" in clause (c) is hereby replaced with "13.09%". "11.87%". SECTION 3. Binding Effect; Ratification. (a) This Amendment shall become effective as of the date first set forth above when counterparts hereof shall have been executed and delivered by the parties hereto, and thereafter shall be binding on the parties hereto and their respective successors and assigns. (b) The Series 2012-2 2012-5 Indenture Supplement, as supplemented hereby, remains in full force and effect. Any reference to the Series 2012-2 2012-5 Indenture Supplement from and after the date hereof shall be deemed to refer to the Series 2012-2 2012-5 Indenture Supplement as supplemented hereby, unless otherwise expressly stated. (c) Except as expressly supplemented hereby, the Series 2012-2 2012-5 Indenture Supplement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto. 2 SECTION 4. No Recourse. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents. SECTION 5. Miscellaneous. (a) THIS AMENDMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, AND PERFORMANCE, BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARDING TO THE CONFLICT OF LAWS PROVISIONS THEREOF) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. (b) Headings used herein are for convenience of reference only and shall not affect the meaning of this Amendment. (c) This Amendment may be executed in any number of counterparts, and by the parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed counterparts may be delivered electronically. View More
