Laserfiche WebLink
~ (ii) to the extent necessary, apply all moneys then on deposit in the Rebate Fund to <br />? the payment of any Rebate Amount shown in such final Rebate Report; and <br />3 <br />~ (iii) to the extent the moneys then on deposit in the Rebate Fund are insufficient to <br />5 pay in fiill the Rebate Amount shown in such final Rebate Report, apply, in accordance with <br />6 the priorities set forth in Section 603(4)(b) above, proceeds derived from any enforcement <br />7 action taken pursuant to Section 603(3) above to the payment of the balance of the Rebate <br />8 Amount shown in such final Rebate Report. <br />~ <br />~ o Whenever moneys are to be applied pursuant to this Section, such moneys shall be applied <br />11 at such times, and from time to time, as the Trustee shall determine, havinb due regard to the amount <br />l2 of such moneys available for application, the likelihood of additional moneys becoming available <br />~ 3 for such application in the future and potential eYpenses relating to the eYercise of any remedy or <br />~~t right conferred on the Trustee by the Agreement. Whenever the Trustee shall apply such moneys. <br />~ 5 it shall fix the date upon which such application is to be made, and upon such date interest on the <br />l b amounts of principal to be paid on such date shall cease to accrue. The Trustee shall give such <br />~ 7 notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any <br />I s such date, and (except as may be otherwise required with respect to Certificates subject to the Book- <br />l9 Entry System)shall not be required to make payment to the holder of any Certificate until such <br />2o Certificate shall be presented to the Trustee for appropriate endorsement or for cancellation if fully <br />? 1 paid. <br />~~ <br />?~ Notwithstanding anything expressed or implied herein to the contrary, moneys received by~ <br />2~t the Tnistee from a draw or payment under any Credit Facility shall only be used and applied for the <br />2> purpose of paying amounts owing on the Certificates secured by such Credit Facility in accordance <br />26 with the terri--s of such Credit Facility, and not for the purpose of paying any other amounts. <br />~~ <br />28 No remedy by the terms of the Agreement conferred upon or reserved to the Trustee (or to <br />~~ the Owners) is intended to be exclusive of any other remedy, but each and every such remedy shall <br />3o be cumulative and shall be in addition to any other remedy given to the Trustee or to the Owners <br />3 ~ hereunder or now or hereafter existing by law. <br />3? <br />33 No delay or omission to exercise any right or power accruing upon any Default or Event of <br />3~t Default shall impair any such right or power or shall be construed to be a waiver of any such Default <br />35 or Event of Default or acquiescence therein; and every such right and power may be exercised from <br />36 time to time and as often as may be deemed expedient. <br />37 <br />3g No waiver of any Default or Event of Default hereunder, whether by the Trustee or by the <br />3~ Owners, shall e~tend to or shall affect any subsequent Default or Event of Default or shall iinpair <br />4o any rights or remedies consequent thereon. <br />4I <br />a? Upon the occurrence and during the continuance of an Event of Default, and upon the filing <br />~t3 of a suit or other commencement of judicial proceedings to enforce the rights of the Trustee and of <br />FINANCING .AND TRI~ST AGREEMENT P,~~E 41 <br />