Common use of Cap Account Clause in Contracts

Cap Account. The Cap Administrator shall segregate and hold all funds received from Cap Provider pursuant to the Cap Contract (including any Cap Termination Payment) separate and apart from any of its own funds and general assets and shall establish and maintain in the name of the Cap Administrator one or more segregated accounts (such account or accounts, the "Cap Account"), held in trust for the benefit of the Trustee, the Trust Administrator, the Indenture Trustee Administrator and the parties to this Agreement. All amounts on deposit in the Cap Account shall remain uninvested unless the Cap Administrator receives instructions to the contrary from any party hereto, with the consent of the NIMS Insurer, if any. The Cap Administrator hereby agrees that it holds and shall hold the Cap Account and all amounts deposited therein in trust for the exclusive use and benefit of the Trustee, the Trust Administrator and the Indenture Trustee Administrator as their interests may appear.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1)

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Cap Account. The Cap Administrator shall segregate and hold all funds received from Cap Provider pursuant to the Cap Contract (including any Cap Termination Payment) separate and apart from any of its own funds and general assets and shall establish and maintain in the name of the Cap Administrator one or more segregated accounts (such account or accounts, the "Cap Account"), held in trust for the benefit of the Trustee, the Trust Administrator, the Indenture Trustee Administrator and the parties to this Agreement. All amounts on deposit in the Cap Account shall remain uninvested unless the Cap Administrator receives instructions to the contrary from any party hereto, with the consent of the NIMS Insurer, if any. The Cap Administrator hereby agrees that it holds and shall hold the Cap Account and all amounts deposited therein in trust for the exclusive use and benefit of the Trustee, the Trust Administrator and the Indenture Trustee Administrator as their interests may appear.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He1)

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Cap Account. The Cap Administrator shall segregate and hold all funds received from Cap Provider Bear Xxxxxxx pursuant to the Cap Contract (including any Cap Termination Payment) separate and apart from any of its own funds and general assets and shall establish and maintain in the name of the Cap Administrator one or more segregated accounts (such account or accounts, the "Cap Account"), held in trust for the benefit of the Trustee, the Trust Administrator, the Indenture Trustee Administrator and the parties to this Agreement. All amounts on deposit in the Cap Account shall remain uninvested unless the Cap Administrator receives instructions to the contrary from any party hereto, with the consent of the NIMS Insurer, if any. The Cap Administrator hereby agrees that it holds and shall hold the Cap Account and all amounts deposited therein in trust for the exclusive use and benefit of the Trustee, the Trust Administrator and the Indenture Trustee Administrator as their interests may appear.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-He4)

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