Common use of Additional Invested Amounts Clause in Contracts

Additional Invested Amounts. (a) The Transferor may sell to the Series 2004-CC Certificateholder on any Business Day additional undivided interests in the Trust in specified amounts (such amounts, the "Additional Invested Amounts") if the conditions precedent to selling an additional interest set forth in Section 6.15(b) have been met. If the Series 2004- CC Certificateholder acquires such additional interest, the Series 2004-CC Certificateholder shall make a cash payment to the Transferor on such Business Day (to be applied in accordance with Section 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool in the Chase Issuance Trust, as an alternative form of consideration, the Transferor may accept an increase in the amount of such transferor interest in an asset pool in the Chase Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional Invested Amounts purchased by the Series 2004-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 2004-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section 6.15(c).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa), Pooling and Servicing Agreement (Chase Issuance Trust)

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Additional Invested Amounts. (a) The Transferor may sell to the Series 20042002-CC Certificateholder on any Business Day additional undivided interests in the Trust in specified amounts (such amounts, the "Additional Invested Amounts") if the conditions precedent to selling an additional interest set forth in Section subsection 6.15(b) of the Agreement have been met. If the Series 2004- 2002-CC Certificateholder acquires such additional interest, the Series 2004-CC Certificateholder shall make Transferor may receive a cash payment to the Transferor on such Business Day (to be applied in accordance with Section subsection 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool in the Chase Issuance Trust). In addition, as an alternative form of consideration, the Transferor may accept an increase in the amount of such transferor interest in an asset pool in the Chase Bank One Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional Invested Amounts purchased by the Series 20042002-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- 2002- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 20042002-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately appropri ately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section subsection 6.15(c).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank One Delaware National Association)

Additional Invested Amounts. (aThe Class A Certificateholder(s) The agree, by acceptance of the Class A Certificates, that the Transferor may sell from time to time, prior to the Series 2004-CC Certificateholder Amortization Period Commencement Date, direct (subject to the terms and conditions of the Certificate Purchase Agreement) that such Class A Certificateholder(s) acquire on any Business Day additional undivided interests Undivided Interests in the Trust in specified amounts (such amounts, the "Additional Class A Invested Amounts") if the conditions precedent to selling an additional interest set forth in Section 6.15(b) have been met. If the Series 2004- CC Certificateholder acquires such additional interest, the Series 2004-CC Certificateholder shall make a cash payment to the Transferor on such Business Day (to be applied in accordance with Section 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that in no event shall the Class A Invested Amount be increased above the Class A Maximum Invested Amount. The sum of the Additional Class A Invested Amounts and the Additional Class B Invested Amounts on any Business Day shall not exceed an amount equal to the excess of the aggregate amount of Principal Receivables over the greater of (a) the sum of (i) the aggregate invested amount of each Series then outstanding as of such day including the Class A Certificates and the Class B Certificates (prior to the addition of such Additional Class A Invested Amounts and the related Additional Class B Invested Amounts ) minus amounts on deposit in the Principal Account for any Series, if any, and (ii) the Minimum Transferor is, Amount as of such Business Day or (b) the Minimum Aggregate Principal Receivables on such Business Day. The Class A Certificateholder(s) shall acquire such Additional Class A Invested Amount, only if the Class B Invested Amount following the acquisition of such Additional Class A Invested Amount shall be at least equal to the Class B Minimum Required Amount (including increases to the Class B Invested Amount pursuant to Section 6.17 of the Agreement). At the time of the acquisition of such Additional Class A Invested Amount, such Class A Certificateholder(s) shall pay an amount equal to the Additional Class A Invested Amount to the Trustee and, in consideration of such payment of the Additional Class A Invested Amount, the holder Servicer shall appropriately note such Additional Class A Invested Amount (and the increased Class A Invested Amount) on the next succeeding Servicer’ report and direct the Trustee in writing to pay to the Transferor an amount equal to the proceeds thereof. The purchase of any Additional Class A Invested Amount shall be in an aggregate principal amount that is not less than $1,000,000 or integral multiples of $250,000 in excess thereof. In consideration of the transferor interest in an asset pool in Class A Certificateholders’ payment of the Chase Issuance Trust, as an alternative form of considerationAdditional Class A Invested Amount, the Transferor may accept an increase in Servicer shall appropriately note such Additional Class A Invested Amount (and the amount of such transferor interest in an asset pool in the Chase Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional increased Class A Invested Amounts purchased by the Series 2004-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued Amount) on the Closing Date substantially in the form of Exhibit next succeeding Monthly Servicer Report. Each Class A hereto. The Series 2004- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 2004-CC its Class A Certificate (or at such Class A Certificateholder's ’s option, in its internal books and records) the date and invested amount of any Additional Class A Invested Amounts Amount purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section 6.15(c)repayment thereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Pier 1 Imports Inc/De)

Additional Invested Amounts. (a) The Transferor may sell to the Series 20042002-CC Certificateholder on any Business Day additional undivided interests in the Trust in specified amounts (such amounts, the "Additional Invested Amounts") if the conditions precedent to selling an additional interest set forth in Section subsection 6.15(b) of the Agreement have been met. If the Series 2004- 2002-CC Certificateholder acquires such additional interest, the Series 2004-CC Certificateholder shall make Transferor may receive a cash payment to the Transferor on such Business Day (to be applied in accordance with Section subsection 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool in the Chase Issuance Trust). In addition, as an alternative form of consideration, the Transferor may accept an increase in the amount of such transferor interest in an asset pool in the Chase Bank One Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional Invested Amounts purchased by the Series 20042002-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- 2002-CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 20042002-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section subsection 6.15(c).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

Additional Invested Amounts. (a) The Transferor may sell to the Series 20042002-CC Certificateholder on any Business Day additional undivided interests in the Trust in specified amounts (such amounts, the "Additional Invested Amounts") if the conditions precedent to selling an additional interest set forth in Section subsection 6.15(b) of the Agreement have been met. If the Series 2004- 2002-CC Certificateholder acquires such additional interest, the Series 2004-CC Certificateholder shall make Transferor may receive a cash payment to the Transferor on such Business Day (to be applied in accordance with Section subsection 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool in the Chase Issuance Trust). In addition, as an alternative form of consideration, the Transferor may accept an increase in the amount of such transferor interest in an asset pool in the Chase Bank One Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional Invested Amounts purchased by the Series 20042002-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- 2002- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 20042002-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section subsection 6.15(c).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

Additional Invested Amounts. (a) The Each Series 1997-1 Certificateholder agrees (or, if such Series 1997-1 Certificateholder is a nominee for Class A Owners or Class B Owners, such Class A Owners or Class B Owners agree in lieu of such Series 1997-1 Certificateholder), by acceptance of its Series 1997-1 Variable Funding Certificate, that the Transferor may sell may, from time to time prior to the Series 2004-CC Termination Date (as defined in the applicable Certificate Purchase Agreement) for such Certificateholder on or Owner, subject to Section 11 hereof, upon satisfaction of the conditions set forth in Section 3.2 of the Class A Certificate Purchase Agreement (or Section 3.2 Class B Certificate Purchase Agreement, as the case may be) request that each Noncommitted Class A Purchaser and Noncommitted Class B Purchaser acquire, and require that each Committed Class A Purchaser and Committed Class B Purchaser, acquire, as of any Business Day additional undivided interests in the Trust in specified amounts (such amounts, respectively, the "Additional Class A Invested Amount" and the "Additional Class B Invested Amount") and require that each Class C Certificateholder acquire, as of any Business Day, additional undivided interests in the Trust in specified amounts (the "Additional Class C Invested Amount" and, collectively with the Additional Class A Invested Amount and the Additional Class B Invested Amount, "Additional Invested Amounts"). The VFC Additional Invested Amounts on any Business Day shall not exceed an amount equal to the excess of the aggregate amount of Principal Receivables and amounts on deposit in the Equalization Account (other than investment earnings thereon) if over the conditions precedent to selling an additional interest set forth in Section 6.15(bgreater of (a) have been met. If the sum of (i) the aggregate Invested Amount of each Series, including the Series 2004- CC Certificateholder acquires such additional interest1997-1 Variable Funding Certificates, the Series 2004-CC Certificateholder shall make a cash payment then outstanding after giving effect to the Transferor on such Business Day (to be applied in accordance with Section 6.15(c)) in the amount additions of such Additional Invested Amount; providedAmounts, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool minus amounts on deposit in the Chase Issuance Trustprincipal funding account for any Series, as an alternative form of considerationif any, and (ii) the Minimum Transferor may accept an increase in Interest and (b) the Minimum Aggregate Principal Receivables. The aggregate Additional Class A Invested Amounts and Additional Class B Invested Amounts to be purchased shall have a minimum aggregate amount of such transferor interest $1,000,000 or more, and shall be in an asset pool integral multiples of $250,000, but in no event shall the Chase Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any aggregate Additional Class A Invested Amounts purchased by exceed the Series 2004-CC Certificateholder shall be evidenced by aggregate Available Commitments (prior to such additions) of all Committed Class A Purchasers or the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 2004-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any aggregate Additional Class B Invested Amounts purchased by it, exceed the current invested amount thereof and each change thereto; provided, however, that failure aggregate Available Commitments (prior to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy additions) of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section 6.15(c)Committed Class B Purchasers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stage Stores Inc)

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Additional Invested Amounts. (a) The Each Series 1997-1 Certificateholder agrees (or, if such Series 1997-1 Certificateholder is a nominee for Class A Owners, Class B Owners or Class B-2 Owners, such Class A Owners, Class B Owners or Class B-2 Owners agree in lieu of such Series 1997-1 Certificateholder), by acceptance of its Series 1997-1 Variable Funding Certificate, that the Transferor may sell may, from time to time prior to the Series 2004-CC Termination Date (as defined in the applicable Certificate Purchase Agreement) for such Certificateholder on or Owner, subject to Section 11 hereof, upon satisfaction of the conditions set forth in Section 3.2 of the Class A Certificate Purchase Agreement (or Section 3.2 of the Class B Certificate Purchase Agreement or Section 3.2 of the Class B-2 Purchase Agreement, as the case may be) request that each Noncommitted Class A Purchaser and Noncommitted Class B Purchaser acquire, and require that each Committed Class A Purchaser, Committed Class B Purchaser and Class B-2 Purchaser, acquire, as of any Business Day additional undivided interests in the Trust in specified amounts (such amounts, respectively, the "ADDITIONAL CLASS A INVESTED AMOUNT," the "ADDITIONAL CLASS B INVESTED AMOUNT" and the "ADDITIONAL CLASS B-2 INVESTED AMOUNT") and require that each Class C Certificateholder acquire, as of any Business Day, additional undivided interests in the Trust in specified amounts (the "ADDITIONAL CLASS C INVESTED AMOUNT" and, collectively with the Additional Class A Invested Amount, the Additional Class B Invested Amount and the Additional Class B-2 Invested Amount, the "ADDITIONAL INVESTED AMOUNTS"). The VFC Additional Invested Amounts"Amounts on any Business Day shall not exceed an amount equal to the excess of the aggregate amount of Principal Receivables and amounts on deposit in the Equalization Account (other than investment earnings thereon) if over the conditions precedent to selling an additional interest set forth in Section 6.15(bgreater of (a) have been met. If the sum of (i) the aggregate Invested Amount of each Series, including the Series 2004- CC Certificateholder acquires such additional interest1997-1 Variable Funding Certificates, the Series 2004-CC Certificateholder shall make a cash payment then outstanding after giving effect to the Transferor on such Business Day (to be applied in accordance with Section 6.15(c)) in the amount additions of such Additional Invested Amount; providedAmounts, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool MINUS amounts on deposit in the Chase Issuance Trustprincipal funding account for any Series, as an alternative form of considerationif any, and (ii) the Minimum Transferor may accept an increase in Interest and (b) the Minimum Aggregate Principal Receivables. The aggregate Additional Class A Invested Amounts and Additional Class B Invested Amounts to be purchased shall have a minimum aggregate amount of $1,000,000 or more, and shall be in integral multiples of $250,000, but in no event shall the aggregate Additional Class A Invested Amounts exceed the aggregate Available Commitments (prior to such transferor interest in an asset pool in additions) of all Committed Class A Purchasers or the Chase Issuance Trustaggregate Additional Class B Invested Amounts exceed the aggregate Available Commitments (prior to such additions) of all Committed Class B Purchasers. The Transferor Interest aggregate Additional Class B-2 Invested Amount to be purchased shall have a minimum amount of $500,000 or more, and shall be in integral multiples of $100,000, but in no event shall the Trust shall decrease as a result of such sale. Any aggregate Additional Class B-2 Invested Amounts purchased by exceed the Series 2004-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form aggregate Available Commitments (prior to such additions) of Exhibit A hereto. The Series 2004- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 2004-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section 6.15(c).Class B-2

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stage Stores Inc)

Additional Invested Amounts. (a) The Transferor may sell to the Series 20042002-CC Certificateholder on any Business Day additional undivided interests in the Trust in specified amounts (such amounts, the "Additional Invested Amounts") if the conditions precedent to selling an additional interest set forth in Section subsection 6.15(b) of the Agreement have been met. If the Series 2004- 2002-CC Certificateholder acquires such additional interest, the Series 20042002-CC Certificateholder shall make a cash payment to the Transferor on such Business Day (to be applied in accordance with Section 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that if the Transferor is, as of such Business Day, the holder of the transferor interest in an asset pool in the Chase Issuance Trust, as an alternative form of consideration, the Transferor may accept an increase in the amount of such transferor interest in an asset pool in the Chase Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional Invested Amounts purchased by the Series 20042002-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- 2002- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 20042002-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section subsection 6.15(c).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

Additional Invested Amounts. (a) The Each Senior Securityholder agrees, by acceptance of a Senior Security, that the Transferor may sell from time to the Series 2004-CC Certificateholder time, prior to an Increase Termination Date, upon one Business Day's prior written notice, request that such Senior Securityholder acquire on any Business Day Day, and such Senior Securityholder may (if it is a Conduit Purchaser) and shall (if it is an Alternate Purchaser and the related Conduit Purchaser determines not to so purchase) acquire additional undivided interests Series 1998-3 Securities of the same Class previously held by such Senior Securityholder in an amount, subject to Section 6.15(b) hereof, equal to its Purchaser Group Percentage of the Trust in specified amounts total amount of such Class of such Senior Securities that the Transferor requests be purchased by Senior Securityholders (such acquired amounts, the "Additional Class A Invested Amounts" with respect to the Class A Securities, the "Additional Class B Invested Amounts" with respect to the Class B Securities and the "Additional Class C Invested Amounts" with respect to the Class C Securities, and collectively, the "Additional Invested Amounts")subject to the following restrictions: no Servicer Default, or event which, with the giving of notice or lapse of time, or both, would constitute a Servicer Default, with respect to the Servicer shall have occurred and be continuing (unless such Servicer Default or event, as applicable, has been waived in writing by the Senior Securityholders); the Agreement, the Senior Securities and the Security Purchase Agreement shall be in full force and effect; each of the Transferor's and the Servicer's representations and warranties in the Agreement and the Security Purchase Agreement shall be true and correct in all material respects as of the dates they were so made (unless they specifically refer to another date in which case they shall be true and correct as of such earlier date), each of the Transferor's representations and warranties in clauses (a), (c), (e) if and (g) of Section 4.01 of the Security Purchase Agreement shall be true and correct in all material respects as of the date of the proposed increase in the Invested Amount and each of the Transferor and the Servicer shall have complied with all the agreements and satisfied all of the conditions precedent under the Agreement and the Security Purchase Agreement, in all material respects, on its part to selling an additional interest set forth in Section 6.15(b) have been met. If the Series 2004- CC Certificateholder acquires such additional interest, the Series 2004-CC Certificateholder shall make a cash payment be performed or satisfied at or prior to the Transferor on such Business Day (to be applied in accordance with Section 6.15(c)) in the amount of such Additional Invested Amount; provided, however, that if the Transferor is, as of date hereof or such Business Day, as applicable; no action, proceeding or investigation shall have been instituted or threatened, nor shall any order, judgment or decree have ben issued or proposed to be issued by any court, agency or authority to set aside, restrain, enjoin or prevent the holder consummation of any transaction contemplated hereby or seeking material damages against the transferor interest Trust, the Trustee, the Managing Agents, the Administrative Agent or the Conduit Purchasers in an asset pool connection with the transactions contemplated in the Chase Issuance Trust, as an alternative form of consideration, the Transferor may accept an increase in the amount of such transferor interest in an asset pool in the Chase Issuance Trust. The Transferor Interest in the Trust shall decrease as a result of such sale. Any Additional Invested Amounts purchased by the Series 2004-CC Certificateholder shall be evidenced by the definitive Certificate held by the Certificateholder issued on the Closing Date substantially in the form of Exhibit A hereto. The Series 2004- CC Certificateholder shall and is hereby authorized to record on the grid attached to the Series 2004-CC Certificate (or at such Certificateholder's option, in its internal books and records) the date and invested amount of any Additional Invested Amounts purchased by it, the current invested amount thereof and each change thereto; provided, however, that failure to make any such recordation on such grid or any error in such grid shall not adversely affect such Certificateholder's rights with respect to its Invested Amount. The Trustee shall not be responsible for the accuracy of any information on any such grid or with respect to the Certificateholder's notations in its internal books and records. The Servicer shall appropriately note all Additional Invested Amounts (Agreement and the increased Invested Amount) as well as any principal payment and reductions due to the Investor Default Amount on the Servicer's certificate delivered with respect to the related Monthly Period and direct the Trustee in writing to apply payments for Additional Invested Amounts as set forth in Section 6.15(c).Security Purchase Agreement;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Federated Department Stores Inc /De/)

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