Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of the Issuer, Schedule 1 identifying the Initial Collateral Certificate. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office. (b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder. (c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files marked as Schedule 2 and delivered to the applicable Collateral Agent, as designee of the Issuer, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this Agreement. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c).
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Bank One Delaware National Association), Transfer and Servicing Agreement (First Usa Credit Card Master Trust), Transfer and Servicing Agreement (First Usa Credit Card Master Trust)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest in, to and under the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of the IssuerIssuing Entity, Schedule 1 identifying the Initial existing Collateral CertificateCertificates, if any. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable the Collateral Agent shall, pursuant to the Indenture or applicable the Asset Pool One Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or other records marked as Schedule 2 and delivered to the applicable Collateral Agent, as designee of the IssuerIssuing Entity, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) to a Governmental Authority upon a request by such Governmental Authority, (iii) in connection with the performance of the Owner Trustee's ’s or the Trust's ’s duties hereunder, (iiiiv) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (ivv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool One Supplement or (vvi) to bona fide creditors or potential creditors of any Account Owner, the Administrator or any the Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this Agreement. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any the Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each the Transferor or its duly authorized representatives to inspect the Owner Trustee's ’s security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c).
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement (Chase Issuance Trust), Transfer and Servicing Agreement (Chase Issuance Trust)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of the IssuerIssuing Entity, Schedule 1 identifying the Initial Collateral CertificateCertificates and the Initial Accounts. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files marked as Schedule 2 and delivered to the applicable Collateral Agent, as designee of the IssuerIssuing Entity, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's ’s or the Trust's ’s duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this Agreement. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's ’s security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c).
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (First Usa Credit Card Master Trust), Transfer and Servicing Agreement (First Usa Credit Card Master Trust)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor Transferors delivered to the applicable Collateral Agent, as designee of the Issuer, Schedule 1 identifying the Initial Collateral Certificate. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who the computer file or microfiche list relating to the Initial Accounts described in subsection 2.01(d). The Owner Trustee shall maintain a copy of Schedule 1, as delivered from time to time, at its the Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of the IssuerTrust, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner TrusteeTrust, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, Noteholders and Series Enhancers or (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator Owner or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c2.02(b).
(c) The Owner Trustee shall have no power to create, assume or incur indebtedness or other liabilities in the name of the Trust other than as contemplated in this Agreement, the Trust Agreement, the Administration Agreement, the Indenture and the Indenture Supplements.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Conseco Finance Credit Card Funding Corp)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest in, to and under the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of the IssuerIssuing Entity, Schedule 1 identifying the Initial existing Collateral CertificateCertificates, if any. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable the Collateral Agent shall, pursuant to the Indenture or applicable the Asset Pool One Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or other records marked as Schedule 2 and delivered to the applicable Collateral Agent, as designee of the IssuerIssuing Entity, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) to a Governmental Authority upon a request by such Governmental Authority, (iii) in connection with the performance of the Owner Trustee's ’s or the Trust's ’s duties hereunder, (iiiiv) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (ivv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool One Supplement or (vvi) to bona fide creditors or potential creditors of any Account Owner, the Administrator or any the Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this Agreement. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any the Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each the Transferor or its duly authorized representatives to inspect the Owner Trustee's ’s security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five (5) Business Days prior to disclosure of any information of the type described in this subsection 2.02(c).
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Jpmorgan Chase Bank, National Association)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of Owner Trustee the Issuer, Schedule 1 identifying computer file or microfiche list relating to the Initial Collateral CertificateDesignated Accounts described in the penultimate paragraph of Section 2.01. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of Owner Trustee or the IssuerTrust, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, Noteholders or (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator ABC or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this Agreement or the Receivables Purchase Agreement. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five (5) Business Days prior to disclosure of any information of the type described in this subsection 2.02(c2.02(b).
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Advanta Business Recievables Corp)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Owner Trustee the computer file or microfiche list relating to the Initial Accounts described in the third paragraph of Section 2.01. The Trust shall maintain all of its right, title and interest in the Indenture Collateral Agent, as designee until the Lien of the Issuer, Schedule 1 identifying the Initial Collateral CertificateIndenture is released. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of Owner Trustee or the IssuerTrust, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, Noteholders or (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator Servicer or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c)subsection.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Nordstrom Credit Inc)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Owner Trustee the computer file or microfiche list relating to the Initial Accounts described in the third paragraph of Section 2.01. The Trust shall maintain all of its right, title and interest in the Indenture Collateral Agent, as designee until the Lien of the Issuer, Schedule 1 identifying the Initial Collateral CertificateIndenture is released. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of Owner Trustee or the IssuerTrust, from time to time, except (i) to the Servicer, a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, Noteholders or (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator Servicer or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c)Section.
Appears in 1 contract
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further Indenture Trustee acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of Indenture Trustee the Issuer, Schedule 1 identifying computer file or microfiche list relating to the Initial Collateral Certificate. The applicable Collateral Agent shall forward a copy Accounts described in the third paragraph of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust OfficeSection 2.01.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Indenture Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of the IssuerIndenture Trustee, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Indenture Trustee, (ii) in connection with the performance of the Owner Indenture Trustee's ’s or the Trust's ’s duties hereunder, or (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of the Trust, the Owner Trustee, any Account Owner, the Administrator a Seller, SJRC or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Indenture Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Indenture Trustee's ’s security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Indenture Trustee and the Trust shall provide the applicable Transferor with notice five (5) Business Days prior to disclosure of any information of the type described in this subsection 2.02(c2.02(b).
(c) The Indenture Trustee hereby agrees not to use any information it obtains pursuant to this Agreement, including any of the account numbers or other information contained in the computer files, microfiche lists or printed lists marked as Schedule 1 or otherwise delivered by the Transferor to the Indenture Trustee pursuant to Sections 2.01, 2.09 or 2.10, to compete or assist any person in competing with any Account Owner or any Transferor in its credit card business.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Signet Group PLC)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further Indenture Trustee acknowledges that, prior to or simultaneously with on the execution and delivery of this AgreementInitial Funding Date, the Transferor delivered will deliver to the applicable Collateral Agent, as designee of Indenture Trustee the Issuer, Schedule 1 identifying computer file or microfiche list relating to the Initial Collateral CertificateAccounts described in the third paragraph of Section 2.01. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Indenture Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each Indenture Trustee, by its signature hereto, hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of the IssuerIndenture Trustee, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Indenture Trustee, (ii) in connection with the performance of the Owner Indenture Trustee's ’s or the Trust's ’s duties hereunder, or (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Ownerthe Trust, the Administrator Owner Trustee, the Seller, SJRC or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Indenture Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Indenture Trustee's ’s security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Indenture Trustee and the Trust shall provide the applicable Transferor with notice five (5) Business Days prior to disclosure of any information of the type described in this subsection 2.02(c2.02(b).
(c) The Indenture Trustee, by its signature hereto, hereby agrees not to use any information it obtains pursuant to this Agreement, including any of the account numbers or other information contained in the computer files, microfiche lists or printed lists marked as Schedule 1 or otherwise delivered by the Transferor to the Indenture Trustee pursuant to Sections 2.01, 2.09 or 2.10, to compete or assist any person in competing with the Account Owner or any Transferor in its credit card business.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Signet Jewelers LTD)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.012.01(a). The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of Owner Trustee the Issuer, Account Schedule 1 identifying relating to the Initial Collateral CertificateAccounts. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of Owner Trustee or the IssuerTrust, from time to time, except (i) to the Servicer, a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's ’s or the Trust's ’s duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, Noteholders or (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator Servicer or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's ’s security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c)Section.
Appears in 1 contract
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with the execution and delivery of this Agreement, the Transferor delivered to the applicable Collateral Agent, as designee of the Issuer, Schedule 1 identifying the Initial Collateral CertificateCertificates and the Initial Accounts. The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files marked as Schedule 2 and delivered to the applicable Collateral Agent, as designee of the Issuer, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner Trustee, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this Agreement. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c).
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Chase Manhattan Bank Usa)
Acceptance by Trust. (a) The Trust hereby acknowledges its acceptance of all right, title and interest to the property, now existing and hereafter created, conveyed to the Trust pursuant to Section 2.01. The Trust further acknowledges that, prior to or simultaneously with within five Business Days of the execution and delivery of this Agreement, the Transferor delivered is required to deliver to the applicable Collateral Agent, as designee of Trust the Issuer, Schedule 1 identifying computer file or microfiche list relating to the Initial Collateral CertificateAccounts described in subsection 2.01(c). The applicable Collateral Agent shall forward a copy of Schedule 1 to the Owner Trustee who shall maintain a copy of Schedule 1, as delivered from time to time, at its the Corporate Trust Office.
(b) The Trust hereby designates to the Servicer the right to receive all payments to be made to the Trust hereunder.
(c) The Owner Trustee and the Trust each hereby agrees (and the Indenture Trustee and each applicable Collateral Agent shall, pursuant to the Indenture or applicable Asset Pool Supplement, agree) not to disclose to any Person the identity of any of the account numbers or other information contained in the computer files or microfiche lists marked as Schedule 2 1 and delivered to the applicable Collateral Agent, as designee of the IssuerTrust, from time to time, except (i) to a Successor Servicer or as required by a Requirement of Law applicable to the Owner TrusteeTrust, (ii) in connection with the performance of the Owner Trustee's or the Trust's duties hereunder, (iii) to the Indenture Trustee in connection with its duties in enforcing the rights of Noteholders, Noteholders or (iv) to the applicable Collateral Agent in connection with its duties under the applicable Asset Pool Supplement or (v) to bona fide creditors or potential creditors of any Account Owner, the Administrator Bank, HRAC II or any Transferor for the limited purpose of enabling any such creditor to identify applicable Receivables or Accounts subject to this AgreementAgreement or the Receivables Purchase Agreements. The Owner Trustee and the Trust each agrees to take such measures as shall be reasonably requested by any Transferor to protect and maintain the security and confidentiality of such information and, in connection therewith, shall allow each Transferor or its duly authorized representatives to inspect the Owner Trustee's security and confidentiality arrangements as they specifically relate to the administration of the Trust from time to time during normal business hours upon prior written notice. The Owner Trustee and the Trust shall provide the applicable Transferor with notice five Business Days prior to disclosure of any information of the type described in this subsection 2.02(c2.02(b).
(c) The Owner Trustee shall have no power to create, assume or incur indebtedness or other liabilities in the name of the Trust other than as contemplated in this Agreement and the Indenture.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Household Affinity Funding Corp Iii)