Common use of Certain Rights of Depositor Clause in Contracts

Certain Rights of Depositor. The Depositor shall be entitled to any amounts not needed on any Payment Date to make payments on the Notes or the Certificates or to make deposits to the Reserve Account pursuant to Section 4.6 of the Sale and Servicing Agreement, and to receive amounts remaining in the Reserve Account following the payment in full of the aggregate principal amount of the Notes and the Certificate Balance and of all other amounts owing or to be distributed hereunder or under the Indenture or the Sale and Servicing Agreement to Noteholders and Certificateholders and the termination of the Trust. The Depositor may not Transfer any such rights unless (i) the Owner Trustee and the Indenture Trustee shall have received an Opinion of Counsel that such Transfer shall not cause the Trust to be classified as an association (or publicly traded partnership) taxable as a corporation, (ii) the transferee agrees in writing to take positions for federal income tax purposes consistent with the federal income tax positions previously taken by the Depositor and (iii) the Rating Agency Condition is satisfied.

Appears in 5 contracts

Samples: Trust Agreement (Usaa Acceptance LLC Auto Owner Trust 2002-1), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Federal Savings Bank)

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Certain Rights of Depositor. The Depositor shall be entitled to any amounts not needed on any Payment Date to make payments on the Notes or the Certificates or to make deposits to the Reserve Account pursuant to Section 4.6 of the Sale and Servicing Agreement, and to receive amounts remaining in the Reserve Account following the payment in full of the aggregate principal amount of the Notes and the Certificate Balance and of all other amounts owing or to be distributed hereunder or under the Indenture or the Sale and Servicing Agreement to Noteholders and Certificateholders and the termination of the Trust. The Depositor may not Transfer transfer any such rights in the Reserve Account unless (i) the Owner Trustee and the Indenture Trustee shall have received an Opinion of Counsel that such Transfer transfer shall not cause the Trust to be classified as an association (or publicly traded partnership) taxable as a corporation, (ii) the transferee agrees in writing to take positions for federal income tax purposes consistent with the federal income tax positions previously taken by the Depositor and (iii) the Rating Agency Condition is satisfied.

Appears in 4 contracts

Samples: Trust Agreement (Usaa Auto Owner Trust 2004-3), Trust Agreement (Usaa Auto Owner Trust 2005-2), Trust Agreement (Usaa Auto Owner Trust 2005-1)

Certain Rights of Depositor. The Depositor shall be entitled to any amounts not needed on any Payment Date to make payments on the Notes or the Certificates or to make deposits to the Reserve Account pursuant to Section 4.6 of the Sale and Servicing Agreement, and to receive amounts remaining in the Reserve Account following the payment in full of the aggregate principal amount of the Notes and the Certificate Balance and of all other amounts owing or to be distributed hereunder or under the Indenture or the Sale and Servicing Agreement to Noteholders and Certificateholders and the termination of the Trust. The Depositor may not Transfer transfer any such rights unless (i) the Owner Trustee and the Indenture Trustee shall have received an Opinion of Counsel that such Transfer transfer shall not cause the Trust to be classified as an association (or publicly traded partnership) taxable as a corporation, (ii) the transferee agrees in writing to take positions for federal income tax purposes consistent with the federal income tax positions previously taken by the Depositor and (iii) the Rating Agency Condition is satisfied.

Appears in 3 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC Trust 2004-1), Trust Agreement (Usaa Auto Owner Trust 2003-1)

Certain Rights of Depositor. The Depositor shall be entitled to any amounts not needed on any Payment Date to make payments on the Notes or the Certificates or to make deposits to the Reserve Account pursuant to Section 4.6 of the Sale and Servicing Agreement, and to receive amounts remaining in the Reserve Account and the Yield Supplement Account following the payment in full of the aggregate principal amount of the Notes and the Certificate Balance and of all other amounts owing or to be distributed hereunder or under the Indenture or the Sale and Servicing Agreement to Noteholders and Certificateholders and the termination of the Trust. The Depositor may not Transfer transfer any such rights in the Reserve Account unless (i) the Owner Trustee and the Indenture Trustee shall have received an Opinion of Counsel that such Transfer transfer shall not cause the Trust to be classified as an association (or publicly traded partnership) taxable as a corporation, (ii) the transferee agrees in writing to take positions for federal income tax purposes consistent with the federal income tax positions previously taken by the Depositor and (iii) the Rating Agency Condition is satisfied.

Appears in 3 contracts

Samples: Trust Agreement (Usaa Auto Owner Trust 2004-2), Trust Agreement (Usaa Auto Owner Trust 2005-3), Trust Agreement (USAA Auto Owner Trust 2005-4)

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Certain Rights of Depositor. The Depositor shall be entitled to any amounts not needed on any Payment Date to make payments on the Notes or the Certificates or to make deposits to the Reserve Account pursuant to Section 4.6 of the Sale and Servicing Agreement, [and to receive amounts remaining in the Reserve Account following the payment in full of the aggregate principal amount of the Notes and the Certificate Balance and of all other amounts owing or to be distributed hereunder or under the Indenture or the Sale and Servicing Agreement to Noteholders and Certificateholders and the termination of the Trust. The Depositor may not Transfer any such rights unless (i) the Owner Trustee and the Indenture Trustee shall have received an Opinion of Counsel that such Transfer shall not cause the Trust to be classified as an association (or publicly traded partnership) taxable as a corporation, (ii) the transferee agrees in writing to take positions for federal income tax purposes consistent with the federal income tax positions previously taken by the Depositor and (iii) the Rating Agency Condition is satisfied.]

Appears in 1 contract

Samples: Trust Agreement (Bear Stearns Asset Backed Funding Inc)

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