Common use of ADMINISTRATION OF THE ACCOUNTS Clause in Contracts

ADMINISTRATION OF THE ACCOUNTS. (i) The Trustee at all times shall maintain accurate records reflecting each transaction in the Series 2001-A Accounts. Funds held therein shall at all times be held in trust for the benefit of the Series 2001-A Certificateholders. Pursuant to the authority granted to it pursuant to Section 6.1(b) of the Master Trust Agreement, the Servicer hereby instructs the Trustee to make deposits to and transfers from the Series 2001-A Accounts in accordance with the terms and conditions of the Master Trust Agreement and this Supplement. All such instructions from the Servicer to the Trustee shall be in writing; PROVIDED, HOWEVER, that the Servicer is entitled to give instructions to the Trustee by facsimile. (ii) Funds on deposit in the Series 2001-A Certificate Account and the Series 2001-A Reserve Account shall at all times be invested by the Trustee at the written direction of the Servicer in Permitted Investments. Any such investment shall mature and such funds shall be available for withdrawal on or prior to the following Transfer Date. The Qualified Institution(s) which hold(s) the Series 2001-A Certificate Account and the Series 2001-A Reserve Account shall maintain, either on its (their) own or through its (their) nominee or custodian for the benefit of the Series 2001-A Certificateholders, possession of any certificated negotiable instrument or security (other than certificated securities held by a clearing corporation) evidencing the Permitted Investments made with funds in the Series 2001-A Certificate Account or the Series 2001-A Reserve Account, as the case may be, from the time of purchase thereof until the time of maturity. All interest and earnings (net of losses and investment expenses) on funds on deposit in the Series 2001-A Reserve Account shall be deposited by the Trustee into the Series 2001-A Certificate Account on each Transfer Date and applied as Collections in accordance with the priorities of payments set forth in SECTION 4.4 and in accordance with SECTION 4.5. Notwithstanding anything set forth in this SECTION 4.2 to the contrary, the Trustee, acting at the written direction of the Servicer, may not make any Permitted Investment in any certificated security or any instrument unless (i) with respect to any certificated security, the Trustee obtains possession of such certificated security and such certificated security is indorsed in the name of, payable to the order of or specifically indorsed to the Trustee or (ii) with respect to any instrument, the Trustee obtains and maintains possession of such instrument.

Appears in 3 contracts

Samples: Second Amended and Restated Series 2001 a Supplement (TMM Holdings), Amended and Restated Series 2001 a Supplement (TMM Holdings), Second Amended and Restated Series 2001 a Supplement (TMM Holdings Sa De Cv)

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ADMINISTRATION OF THE ACCOUNTS. (i) The Trustee at all times shall maintain accurate records reflecting each transaction in the Series 20012002-A Accounts. Funds held therein shall at all times be held in trust for the benefit of the Series 20012002-A Certificateholders. Pursuant to the authority granted to it pursuant to Section 6.1(b) of the Master Trust Agreement, the Servicer hereby instructs the Trustee to make deposits to and transfers from the Series 20012002-A Accounts in accordance with the terms and conditions of the Master Trust Agreement and this Supplement. All such instructions from the Servicer to the Trustee shall be in writing; PROVIDED, HOWEVER, that the Servicer is entitled to give instructions to the Trustee by facsimile. (ii) Funds on deposit in the Series 20012002-A Certificate Account and the Series 20012002-A Reserve Account shall at all times be invested by the Trustee at the written direction of the Servicer in Permitted Investments. Any such investment shall mature and such funds shall be available for withdrawal on or prior to the following Transfer Date. The Qualified Institution(s) which hold(s) the Series 20012002-A Certificate Account and the Series 20012002-A Reserve Account shall maintain, either on its (their) own or through its (their) nominee or custodian for the benefit of the Series 20012002-A Certificateholders, possession of any certificated negotiable instrument or security (other than certificated securities held by a clearing corporation) evidencing the Permitted Investments made with funds in the Series 20012002-A Certificate Account or the Series 20012002-A Reserve Account, as the case may be, from the time of purchase thereof until the time of maturity. All interest and earnings (net of losses and investment expenses) on funds on deposit in the Series 20012002-A Reserve Account shall be deposited by the Trustee into the Series 20012002-A Certificate Account on each Transfer Date and applied as Collections in accordance with the priorities of payments set forth in SECTION 4.4 and in accordance with SECTION 4.5. Notwithstanding anything set forth in this SECTION 4.2 to the contrary, the Trustee, acting at the written direction of the Servicer, may not make any Permitted Investment in any certificated security or any instrument unless (i) with respect to any certificated security, the Trustee obtains possession of such certificated security and such certificated security is indorsed in the name of, payable to the order of or specifically indorsed to the Trustee or (ii) with respect to any instrument, the Trustee obtains and maintains possession of such instrument.

Appears in 2 contracts

Samples: Series 2002 a Supplement (TMM Holdings), Series 2002 a Supplement (TMM Holdings Sa De Cv)

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ADMINISTRATION OF THE ACCOUNTS. (i) The Trustee at all times shall maintain accurate records reflecting each transaction in the Series 2001-A Accounts. Funds held therein shall at all times be held in trust for the benefit of the Series 2001-A Certificateholders. Pursuant to the authority granted to it pursuant to Section 6.1(b) of the Master Trust Agreement, the Servicer hereby instructs the Trustee to make deposits to and transfers from the Series 2001-A Accounts in accordance with the terms and conditions of the Master Trust Agreement and this Supplement. All such instructions from the Servicer to the Trustee shall be in writing; PROVIDED, HOWEVER, that the Servicer is entitled to give instructions to the Trustee by facsimile. (ii) Funds on deposit in the Series 2001-A Certificate Account and the Series 2001-A Reserve ------------------------------ Collection Account shall at all times be invested by the Trustee at the written direction of the Servicer in Permitted Investments. Any such investment shall mature and such funds shall be available for withdrawal on or prior to the Transfer Date following Transfer Datethe Record Date occurring in the Monthly Period in which such funds were processed for collection. The Qualified Institution(s) which hold(s) the Series 2001-A Certificate Account and the Series 2001-A Reserve Account Trustee shall maintain, either on its (their) own or through its (their) nominee or custodian maintain for the benefit of the Series 2001-A Certificateholders, Certificateholders possession of any certificated the negotiable instrument instruments or security (other than certificated securities held by a clearing corporation) evidencing the Permitted Investments made with funds described in clause (a) of the Series 2001-A Certificate Account or the Series 2001-A Reserve Account, as the case may be, definition thereof from the time of purchase thereof until the time of sale or maturity; provided, however, that no such investment shall be -------- ------- disposed of prior to its maturity date. All At the end of each month, all interest and earnings (net of losses and investment expenses) on funds on deposit in the Series 2001-A Reserve Collection Account shall be deposited by the Trustee into the Series 2001-A Certificate Account on each Transfer Date and applied as Collections in accordance with Section 4.5. Subject to the priorities of payments restrictions set forth above, the Servicer, or a Person designated in SECTION 4.4 and in accordance writing by the Servicer, of which the Trustee shall have received written notification thereof, shall have the authority to instruct the Trustee with SECTION 4.5. Notwithstanding anything set forth in this SECTION 4.2 respect to the contraryinvestment of funds on deposit in the Collection Account. If at any time the institution holding the Collection Account, the Class A Distribution Account, the Class B Distribution Account or the Class C Distribution Account ceases to be a Qualified Institution, the Transferor shall notify the Trustee, acting at and the written direction of Trustee upon being notified (or the ServicerServicer on its behalf) shall, within 10 Business Days, establish a new Collection Account, the Class A Distribution Account, the Class B Distribution Account or the Class C Distribution Account, as the case may not make be, meeting the conditions specified above with a Qualified Institution, and shall transfer any Permitted Investment in any certificated security cash or any instrument unless (i) with respect investments to any certificated securitysuch new Collection Account, the Trustee obtains possession of such certificated security and such certificated security is indorsed in the name of, payable to the order of or specifically indorsed to the Trustee or (ii) with respect to any instrumentClass A Distribution Account, the Trustee obtains and maintains possession of such instrumentClass B Distribution Account or the Class C Distribution Account, as the case may be.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Inc)

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