Certain Other Limitations. It shall (i) not be named as an insured on the insurance policy held by another Triad Party or covering the property of any other Triad Party, except to the extent it shall bear its allocable share of the expense thereof, or enter into an agreement with the holder of such policy whereby in the event of a loss in connection with property not owned by the Issuer or the Depositor, as the case may be, proceeds are paid to it. (ii) be restricted from undertaking activities in connection with the issuance of the Class A Notes other than activities as set forth in its Charter Documents; (iii) not be involved in the day-to-day management of any of the other Triad Parties except as required by or permitted by the Transaction Documents or in connection with certain administrative services provided to the Depositor by the Seller; (iv) not incur, assume or guarantee any indebtedness except for such indebtedness as may be incurred by the Issuer in connection with the issuance of the Class A Notes, or as otherwise expressly permitted by the Insurer or the Transaction Documents; (v) not commingle its deposit accounts (and funds therein) or other assets with the deposit accounts (and funds therein) or other assets of any other entity; (vi) not act as an agent of any other Triad Party; and (vii) not form, or cause to be formed, any subsidiaries; provided that the Depositor may form other special purpose entities in connection with the issuance of other asset-backed securities to the extent the Insurer acts as an insurer in connection with such transactions.
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Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC), Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC), Insurance and Indemnity Agreement (Triad Automobile Receivables Trust 2006-A)
Certain Other Limitations. It shall
(i) not be named as an insured on the insurance policy held by another Triad Party or covering the property of any other Triad Party, except to the extent it shall bear its allocable share of the expense thereof, or enter into an agreement with the holder of such policy whereby in the event of a loss in connection with property not owned by the Issuer Issuing Entity or the Depositor, as the case may be, proceeds are paid to it.
(ii) be restricted from undertaking activities in connection with the issuance of the Class A Notes other than activities as set forth in its Charter Documents;
(iii) not be involved in the day-to-day management of any of the other Triad Parties except as required by or permitted by the Transaction Documents or in connection with certain administrative services provided to the Depositor by the SellerSponsor;
(iv) not incur, assume or guarantee any indebtedness except for such indebtedness as may be incurred by the Issuer Issuing Entity in connection with the issuance of the Class A Notes, or as otherwise expressly permitted by the Insurer or the Transaction Documents;
(v) not commingle its deposit accounts (and funds therein) or other assets with the deposit accounts (and funds therein) or other assets of any other entity;
(vi) not act as an agent of any other Triad Party; and
(vii) not form, or cause to be formed, any subsidiaries; provided that the Depositor may form other special purpose entities in connection with the issuance of other asset-backed securities to the extent the Insurer acts as an insurer in connection with such transactions.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)
Certain Other Limitations. It shall
(i) not be named as an insured on the insurance policy held by another Triad New South Party or covering the property of any other Triad New South Party, except to the extent it shall bear its allocable share of the expense thereof, or enter into an agreement with the holder of such policy whereby in the event of a loss in connection with property not owned by the Issuer or the Depositor, as the case may be, proceeds are paid to it, except in the case of any insurance proceeds assigned to the Issuer pursuant to the Sale and Servicing Agreement.
(ii) be restricted from undertaking activities in connection with the issuance of the Class A Notes other than activities as set forth in its Charter Documents;
(iii) not be involved in the day-to-day to day management of any of the other Triad New South Parties except as required by or permitted by the Transaction Documents or in connection with certain administrative services provided to the Depositor by the SellerDocuments;
(iv) not incur, assume or guarantee any indebtedness except for such indebtedness as may be incurred by the Issuer in connection with the issuance of the Class A Notes, or as otherwise expressly permitted by the Insurer or the Transaction Documents;
(v) not commingle its deposit accounts (and funds therein) or other assets with the deposit accounts (and funds therein) or other assets of any other entity; provided, that it is understood that, under the Sale and Servicing Agreement, the Servicer will deposit collections on the Loans within 2 Business Days of receipt;
(vi) not act as an agent of any other Triad New South Party; and
(vii) not form, or cause to be formed, any subsidiaries; provided that the Depositor may form other special purpose entities in connection with the issuance of other asset-backed securities to the extent the Insurer acts as an insurer in connection with such transactions.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (Bond Securitization LLC)
Certain Other Limitations. It In the case of the Seller and the Issuing Entity, it shall:
(i) not be named as an insured on the insurance policy held by another Triad United Party or covering the property of any other Triad United Party, except to the extent it shall bear its allocable share of the expense thereof, or enter into an agreement with the holder of such policy whereby in the event of a loss in connection with property not owned by the Issuer Issuing Entity or the DepositorSeller, as the case may be, proceeds are paid to it.;
(ii) be restricted from undertaking activities in connection with the issuance of the Class A Notes other than activities as set forth in its Charter Documents;
(iii) not be involved in the day-to-day management of any of the other Triad United Parties except as required by or permitted by the Transaction Documents or in connection with certain administrative services provided to the Depositor by the SellerDocuments;
(iv) not incur, assume or guarantee any indebtedness except for such indebtedness as may be incurred by the Issuer Issuing Entity in connection with the issuance of the Class A Notes, or as otherwise expressly permitted by the Insurer or the Transaction Documents;
(v) not commingle its deposit accounts (and funds therein) or other assets with the deposit accounts (and funds therein) or other assets of any other entity;
(vi) not act as an agent of any other Triad United Party; and
(vii) not form, or cause to be formed, any subsidiaries; provided that the Depositor Seller may form other special purpose entities in connection with the issuance of other asset-asset backed securities to the extent the Insurer acts as an insurer in connection with such transactions.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (UPFC Auto Receivables Trust 2007-B)
Certain Other Limitations. It In the case of the Seller and the Issuing Entity, it shall:
(i) not be named as an insured on the insurance policy held by another Triad United Party or covering the property of any other Triad United Party, except to the extent it shall bear its allocable share of the expense thereof, or enter into an agreement with the holder of such policy whereby in the event of a loss in connection with property not owned by the Issuer Issuing Entity or the DepositorSeller, as the case may be, proceeds are paid to it.;
(ii) be restricted from undertaking activities in connection with the issuance of the Class A Notes other than activities as set forth in its Charter Documents;
(iii) not be involved in the day-to-day management of any of the other Triad United Parties except as required by or permitted by the Transaction Documents or in connection with certain administrative services provided to the Depositor by the SellerDocuments;
(iv) not incur, assume or guarantee any indebtedness except for such indebtedness as may be incurred by the Issuer Issuing Entity in connection with the issuance of the Class A Notes, or as otherwise expressly permitted by the Insurer or the Transaction Documents;
(v) not commingle its deposit accounts (and funds therein) or other assets with the deposit accounts (and funds therein) or other assets of any other entity;
(vi) not act as an agent of any other Triad United Party; andand UPFC Auto Receivables Trust 2006-B
(vii) not form, or cause to be formed, any subsidiaries; provided that the Depositor Seller may form other special purpose entities in connection with the issuance of other asset-asset backed securities to the extent the Insurer acts as an insurer in connection with such transactions.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (UPFC Auto Receivables Trust 2006-B)
Certain Other Limitations. It In the case of the Transferor and the Issuer, it shall:
(i) not be named as an insured on the insurance policy held by another Triad United Party or covering the property of any other Triad United Party, except to the extent it shall bear its allocable share of the expense thereof, or enter into an agreement with the holder of such policy whereby in the event of a loss in connection with property not owned by the Issuer or the DepositorTransferor, as the case may be, proceeds are paid to it.;
(ii) be restricted from undertaking activities in connection with the issuance of the Class A Notes other than activities as set forth in its Charter Documents;
(iii) not be involved in the day-to-day management of any of the other Triad United Parties except as required by or permitted by the Transaction Documents or in connection with certain administrative services provided to the Depositor by the SellerDocuments;
(iv) not incur, assume or guarantee any indebtedness except for such indebtedness as may be incurred by the Issuer in connection with the issuance of the Class A Notes, or as otherwise expressly permitted by the Insurer or the Transaction Documents;
(v) not commingle its deposit accounts (and funds therein) or other assets with the deposit accounts (and funds therein) or other assets of any other entity;
(vi) not act as an agent of any other Triad United Party; and
(vii) not form, or cause to be formed, any subsidiaries; provided that the Depositor Transferor may form other special purpose entities in connection with the issuance of other asset-asset backed securities to the extent the Insurer acts as an insurer in connection with such transactions.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (United Pan Am Financial Corp)