Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder are and shall be deemed to be the Persons with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 2024-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: Name: Title: Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: Name: Title: Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: Name: Title: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: Name: Title: EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 1 contract
Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder are and shall be deemed to be the Persons with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 2024-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: /s/ Xxxxxxx X. Xxxx, Xx. Name: Xxxxxxx X. Xxxx, Xx. Title: Assistant Treasurer WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Assistant Vice President Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Vice President Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
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Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder are and shall be deemed to be the Persons with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 2024-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION[•], as Owner Trustee By: Name: Title: Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION [•] By: Name: Title: Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: Name: Title: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: Name: Title: EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
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Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder are and shall be deemed to be the Persons parties with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 2024-B Second Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Second Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: Name: Title: Second Amended and Restated Trust Agreement) Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: Name: _________________________________ Title: __________________________________ Second Amended and Restated Trust Agreement) Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: Name: Title: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: Name: Title: Second Amended and Restated Trust Agreement) EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 1 contract
Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder (and not the Owner Trustee) are and shall be deemed to be the Persons parties with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 20242023-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: Name: Title: Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: Name: Title: Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: Name: Title: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: Name: Title: EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 1 contract
Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder are and shall be deemed to be the Persons parties with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 2024-B Second Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Second Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: /s/ Xxxxxxx X. Xxxx, Xx. Name: Xxxxxxx X. Xxxx, Xx. Title: Assistant Treasurer WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Assistant Vice President Second Amended and Restated Trust Agreement) Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Assistant Vice President Second Amended and Restated Trust Agreement) Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President Second Amended and Restated Trust Agreement) EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 1 contract
Anti-Money Laundering Law Compliance. To help the government fight the funding of terrorism and money laundering activities, the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Owner Trustee will ask for documentation to verify its formation and existence as a legal entity, financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, conclusively rely on, and shall be fully protected and indemnified in relying on, any information received, and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee, in accordance with the terms of this Agreement. In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), may require the Issuing Entity to file reports with FinCEN after the date of this Agreement. It shall be the Depositor’s duty and not the Owner Trustee’s duty to cause the Issuing Entity to make such filings and to cause the Issuing Entity to comply with its obligations under the CTA, if any. 35 (NALT 2024-B Amended and Restated Trust Agreement) The parties hereto agree for purposes of AML Law the Trust Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuing Entity, acknowledge that the Owner Trustee acts solely as a directed trustee at the direction of the Trust Certificateholders, the Depositor, the Administrative Agent and the Servicer hereunder and that one or more Controlling Parties of the Trust Certificateholder (and not the Owner Trustee) are and shall be deemed to be the Persons parties with the power and authority to exercise substantial control over the Issuing Entity. 36 (NALT 20242023-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by their respective officers hereunto duly authorized, as of the day and year first above written. NISSAN AUTO LEASING LLC II, as Depositor By: /s/ Xxxxxxx X. Xxxx, Xx. Name: Xxxxxxx X. Xxxx, Xx. Title: Assistant Treasurer WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President Acknowledged with respect to Sections 3.09 and 5.01(a): U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Assistant Vice President Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Servicer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President EXHIBIT A FORM OF TRUST CERTIFICATE TRUST CERTIFICATE SEE REVERSE FOR CERTAIN DEFINITIONS THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 1 contract