Common use of Account Provisions Clause in Contracts

Account Provisions. (a) Each of the Indenture Trustee and the Servicer hereby confirms and agrees that each of the Accounts will be held as a trust account as to which the Indenture Trustee shall be (i) the "entitlement holder" (within the meaning of Section 8-102(a)(7) of the UCC to the extent the Accounts are "securities-accounts" (within the meaning of Section 8-501(a) of the UCC or (ii) the "customer" (within the meaning of Section 4-104(1) of the UCC) to the extent the Accounts are "deposit accounts" (within the meaning of Section 9-102(a)(8) of the UCC). Any investments held in any Account will be registered in the name of "JPMorgan Chase Bank, as Indenture Trustee in trust for the ABFS Mortgage Loan Warehouse Trust 2000-2 Noteholders." (b) The Trust, the Servicer and the Indenture Trustee represent and warrant that they have not entered into, and covenant that they shall not enter into, any agreement with respect to the Accounts or any item of property credited to or carried in the Accounts other than this Agreement. (c) The Trust represents and agrees that it has not suffered or permitted, and covenants that it shall not suffer or permit, any of its creditors (other than the Note Purchaser) to obtain control over any Account or any property credited thereto or carried therein. (d) Except for the claims and interests of the Note Purchaser and of the Trust in the Accounts (and, to the extent permitted under Section 8.06(a) or 8.06(c), the claims of the Indenture Trustee and the Collateral Agent), each of the Indenture Trustee and the Servicer represents and warrants that it does not know of any claim to, or interest in, the Accounts credited thereto or required to be credited thereto. (e) The Trust, the Servicer and the Note Purchaser each intend and agree that the Indenture Trustee, in its capacity as collateral agent and secured party for the benefit and on behalf of the Note Purchaser, has obtained "control" (within the meaning of Section 8-106(d) of the UCC) of all security entitlements relating to the Accounts and to the financial assets credited thereto or carried therein to the extent the Accounts are securities accounts. (f) The Servicer shall cause (and, to the extent necessary, the Indenture Trustee shall cooperate with the Servicer in causing) all items of income, gain, expense and loss recognized in the Accounts to be reported by the Indenture Trustee to the U.S. Internal Revenue Service, and to all state and local taxing authorities, under the name and taxpayer identification number of the Trust. (g) The Parties agree as follows with respect to the Accounts and the Permitted Investments, and the proceeds thereof, held from time to time in each Account:

Account Provisions. (a) Each of the Indenture Trustee and the Servicer hereby confirms and agrees that each of the Accounts will be held as a trust account as to which the Indenture Trustee shall be (i) the "entitlement holder" (within the meaning of Section 8-102(a)(7) of the UCC to the extent the Accounts are "securities-accounts" (within the meaning of Section 8-501(a) of the UCC or (ii) the "customer" (within the meaning of Section 4-104(1) of the UCC) to the extent the Accounts are "deposit accounts" (within the meaning of Section 9-102(a)(8) of the UCC). Any investments held in any Account will be registered in the name of "JPMorgan Chase Bank, as Indenture Trustee in trust for the ABFS Mortgage Loan Warehouse Trust 20002003-2 1 Noteholders." (b) The Trust, the Servicer and the Indenture Trustee represent and warrant that they have not entered into, and covenant that they shall not enter into, any agreement with respect to the Accounts or any item of property credited to or carried in the Accounts other than this Agreement. (c) The Trust represents and agrees that it has not suffered or permitted, and covenants that it shall not suffer or permit, any of its creditors (other than the Note Purchaser) to obtain control over any Account or any property credited thereto or carried therein. (d) Except for the claims and interests of the Note Purchaser and of the Trust in the Accounts (and, to the extent permitted under Section 8.06(a) or 8.06(c), the claims of the Indenture Trustee and the Collateral Agent), each of the Indenture Trustee and the Servicer represents and warrants that it does not know of any claim to, or interest in, the Accounts credited thereto or required to be credited thereto. (e) The Trust, the Servicer and the Note Purchaser each intend and agree that the Indenture Trustee, in its capacity as collateral agent and secured party for the benefit and on behalf of the Note Purchaser, has obtained "control" (within the meaning of Section 8-106(d) of the UCC) of all security entitlements relating to the Accounts and to the financial assets credited thereto or carried therein to the extent the Accounts are securities accounts. (f) The Servicer shall cause (and, to the extent necessary, the Indenture Trustee shall cooperate with the Servicer in causing) all items of income, gain, expense and loss recognized in the Accounts to be reported by the Indenture Trustee to the U.S. Internal Revenue Service, and to all state and local taxing authorities, under the name and taxpayer identification number of the Trust. (g) The Parties agree as follows with respect to the Accounts and the Permitted Investments, and the proceeds thereof, held from time to time in each Account:

Account Provisions. (a) Each of the Indenture Trustee and the Servicer hereby confirms and agrees that each of the Accounts will be held as a trust account as to which the Indenture Trustee shall be (i) the "entitlement holder" (within the meaning of Section 8-102(a)(7) of the UCC to the extent the Accounts are "securities-accounts" (within the meaning of Section 8-501(a) of the UCC or (ii) the "customer" (within the meaning of Section 4-104(1) of the UCC) to the extent the Accounts are "deposit accounts" (within the meaning of Section 9-102(a)(8) of the UCC)account. Any investments held in any Account will be registered in the name of "JPMorgan The Chase Manhattan Bank, as Indenture Trustee in trust for the ABFS Mortgage Loan Warehouse Trust 2000-2 Noteholders"." (b) The Trust, the Servicer and the Indenture Trustee represent and warrant that they have not entered into, and covenant that they shall not enter into, any agreement with respect to the Accounts or any item of property credited to or carried in the Accounts other than this Agreement. (c) The Trust represents and agrees that it has not suffered or permitted, and covenants that it shall not suffer or permit, any of its creditors (other than the Note Purchaser) to obtain control over any Account or any property credited thereto or carried therein. (d) Except for the claims and interests of the Note Purchaser and of the Trust in the Accounts (and, to the extent permitted under Section 8.06(a) or 8.06(c), the claims of the Indenture Trustee and the Collateral Agent), each of the Indenture Trustee and the Servicer represents and warrants that it does not know of any claim to, or interest in, the Accounts credited thereto or required to be credited thereto. (e) The Trust, the Servicer and the Note Purchaser each intend and agree that the Indenture Trustee, in its capacity as collateral agent and secured party for the benefit and on behalf of the Note Purchaser, has obtained "control" (within the meaning of Section 8-106(d) of the UCC) of all security entitlements relating to the Accounts and to the financial assets credited thereto or carried therein to the extent the Accounts are securities accountstherein. (f) The Trust's taxpayer identification number, as assigned by the U.S. Internal Revenue Service, is ________. The Servicer shall cause (and, to the extent necessary, the Indenture Trustee shall cooperate with the Servicer in causing) all items of income, gain, expense and loss recognized in the Accounts to be reported by the Indenture Trustee to the U.S. Internal Revenue Service, and to all state and local taxing authorities, under the name and taxpayer identification number of the Trust. (g) The Parties agree Indenture Trustee agrees as follows with respect to the Accounts and the Permitted Investments, and the proceeds thereof, held from time to time in each Account: (i) any Permitted Investment that is a "deposit account" (as defined in Section 9-105 of the UCC) shall be subject to the exclusive custody and control of the Indenture Trustee, and the Indenture Trustee shall have sole signature authority with respect thereto; (ii) any Permitted Investment that constitutes Physical Property (as defined in the definition of Delivery) shall be delivered to the Indenture Trustee in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Indenture Trustee or a securities intermediary (as such term is defined in Section 8-102(14) of the UCC) acting solely for the Indenture Trustee that has agreed to treat such property as a financial asset; (iii) any Permitted Investment that is a book-entry security held through the Federal Reserve System pursuant to federal book-entry regulations shall be delivered to the Indenture Trustee in accordance with paragraph (b) of the definition of "Delivery" and shall be maintained by the Indenture Trustee, pending maturity or disposition, through continued book entry registration of such Permitted Investment as described in such paragraph; and (iv) any Permitted Investment that is an "uncertificated security" under Article 8 of the UCC and that is not governed by clause (iii) above shall be delivered to the Indenture Trustee in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Indenture Trustee, pending maturity or disposition, through continued registration of the Indenture Trustee's (or its nominee's) ownership of such security directly or through one or more securities intermediaries acting solely for the Indenture Trustee as described in such paragraph. (h) In the event of any change of law regarding matters relating to the perfection of security interests in any Account or the amounts or any Permitted Investments held therein, the Servicer shall cause to be furnished to the Indenture Trustee and each Noteholder, an opinion of counsel addressing such matters and if necessary, the Servicer shall cooperate with the Indenture Trustee in taking all actions necessary to comply with the change in law.

Account Provisions. (a) Each of the Indenture Trustee and the Servicer hereby confirms and agrees that each of the Accounts will be held as a trust account as to which the Indenture Trustee shall be (i) the "entitlement holder" (within the meaning of Section 8-102(a)(7) of the UCC to the extent the Accounts are "securities-accounts" (within the meaning of Section 8-501(a) of the UCC or (ii) the "customer" (within the meaning of Section 4-104(1) of the UCC) to the extent the Accounts are "deposit accounts" (within the meaning of Section 9-102(a)(8) of the UCC)account. Any investments held in any Account will be registered in the name of "JPMorgan The Chase Manhattan Bank, as Indenture Trustee in trust for the ABFS Mortgage Loan Warehouse Trust 2000-2 Noteholders"." (b) The Trust, the Servicer and the Indenture Trustee represent and warrant that they have not entered into, and covenant that they shall not enter into, any agreement with respect to the Accounts or any item of property credited to or carried in the Accounts other than this Agreement. (c) The Trust represents and agrees that it has not suffered or permitted, and covenants that it shall not suffer or permit, any of its creditors (other than the Note Purchaser) to obtain control over any Account or any property credited thereto or carried therein. (d) Except for the claims and interests of the Note Purchaser and of the Trust in the Accounts (and, to the extent permitted under Section 8.06(a) or 8.06(c), the claims of the Indenture Trustee and the Collateral Agent), each of the Indenture Trustee and the Servicer represents and warrants that it does not know of any claim to, or interest in, the Accounts credited thereto or required to be credited thereto. (e) The Trust, the Servicer and the Note Purchaser each intend and agree that the Indenture Trustee, in its capacity as collateral agent and secured party for the benefit and on behalf of the Note Purchaser, has obtained "control" (within the meaning of Section 8-106(d) of the UCC) of all security entitlements relating to the Accounts and to the financial assets credited thereto or carried therein to the extent the Accounts are securities accountstherein. (f) The Servicer shall cause (and, to the extent necessary, the Indenture Trustee shall cooperate with the Servicer in causing) all items of income, gain, expense and loss recognized in the Accounts to be reported by the Indenture Trustee to the U.S. Internal Revenue Service, and to all state and local taxing authorities, under the name and taxpayer identification number of the Trust. (g) The Parties agree Indenture Trustee agrees as follows with respect to the Accounts and the Permitted Investments, and the proceeds thereof, held from time to time in each Account: (i) any Permitted Investment that is a "deposit account" (as defined in Section 9-105 of the UCC) shall be subject to the exclusive custody and control of the Indenture Trustee, and the Indenture Trustee shall have sole signature authority with respect thereto; (ii) any Permitted Investment that constitutes Physical Property (as defined in the definition of Delivery) shall be delivered to the Indenture Trustee in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Indenture Trustee or a securities intermediary (as such term is defined in Section 8-102(14) of the UCC) acting solely for the Indenture Trustee that has agreed to treat such property as a financial asset; (iii) any Permitted Investment that is a book-entry security held through the Federal Reserve System pursuant to federal book-entry regulations shall be delivered to the Indenture Trustee in accordance with paragraph (b) of the definition of "Delivery" and shall be maintained by the Indenture Trustee, pending maturity or disposition, through continued book entry registration of such Permitted Investment as described in such paragraph; and (iv) any Permitted Investment that is an "uncertificated security" under Article 8 of the UCC and that is not governed by clause (iii) above shall be delivered to the Indenture Trustee in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Indenture Trustee, pending maturity or disposition, through continued registration of the Indenture Trustee's (or its nominee's) ownership of such security directly or through one or more securities intermediaries acting solely for the Indenture Trustee as described in such paragraph. (h) In the event of any change of law regarding matters relating to the perfection of security interests in any Account or the amounts or any Permitted Investments held therein, the Servicer shall cause to be furnished to the Indenture Trustee and each Noteholder, an opinion of counsel addressing such matters and if necessary, the Servicer shall cooperate with the Indenture Trustee in taking all actions necessary to comply with the change in law.