Covenants of the Note Trustee. The Note Trustee hereby covenants and agrees as follows: (a) the Note Trustee will establish the Collection Account as a Securities Account; (b) the Note Trustee, acting as Securities Intermediary, will identify the Collection Account in its records as a Securities Account of the Note Trustee and will identify the Note Trustee in such records as the Person having the Security Entitlement against the Securities Intermediary with respect to the Securities Account and all Security Entitlements carried in the Securities Account; (c) the Note Trustee, acting as Securities Intermediary, will maintain accurate and complete records of the Financial Assets in the Securities Account such that the Collateral is objectively determinable; (d) the Note Trustee, acting as Securities Intermediary, will in the ordinary course of its business, maintain securities accounts for its customers, will act in that capacity in holding the Securities Account under this Note Indenture and will at all times be located in and maintain its books and records relating to all of these securities in the State of New York; (e) the Note Trustee, acting as Securities Intermediary, will treat all Eligible Investments as Financial Assets and will duly hold the Eligible Investments in the Securities Account; and (f) the Note Trustee, acting as Securities Intermediary, will not agree to comply with entitlement orders of any secured party other than the Note Trustee with respect to the Securities Account or any Security Entitlements carried in the Securities Account.
Appears in 4 contracts
Samples: Note Indenture (BEC Funding II, LLC), Note Indenture (BEC Funding II, LLC), Note Indenture (CEC Funding, LLC)
Covenants of the Note Trustee. The Note Trustee hereby covenants and agrees as follows:
(a) the Note Trustee will establish the Collection Account as a Securities Account;
(b) the financial institution that is the Note Trustee, acting as Securities Intermediary, will identify the Collection Account in its records as a Securities Account of the Note Trustee and will identify the Note Trustee in such records as the Person having the Security Entitlement against the Securities Intermediary with respect to the Securities Account and all Security Entitlements carried in the Securities Account;
(c) the financial institution that is the Note Trustee, acting as Securities Intermediary, will maintain accurate and complete records of the Financial Assets in the Securities Account such that the Collateral is objectively determinable;
(d) the financial institution that is the Note Trustee, acting as Securities Intermediary, will in the ordinary course of its business, maintain securities accounts for its customers, will act in that capacity in holding the Securities Account under this Note Indenture and will at all times be located in and maintain its books and records relating to all of these securities in the State of New York;
(e) the financial institution that is the Note Trustee, acting as Securities Intermediary, will treat all Eligible Investments as Financial Assets and will duly hold the Eligible Investments in the Securities Account; and
(f) the financial institution that is the Note Trustee, acting as Securities Intermediary, will not agree to comply with entitlement orders of any secured party Person other than the Note Trustee with respect to the Securities Account or any Security Entitlements carried in the Securities AccountAccount and agrees to comply with entitlement orders of the Note Trustee without the consent of any other Person.
Appears in 2 contracts
Samples: Note Indenture (Wmeco Funding LLC), Note Indenture (Wmeco Funding LLC)
Covenants of the Note Trustee. The Note Trustee hereby covenants and agrees as follows:
(a) the Note Trustee will establish the Collection Account as a Securities Account;
(b) the Note Trustee, acting as Securities Intermediary, will identify the Collection Account in its records as a Securities Account of the Note Trustee and will identify the Note Trustee in such records as the Person having the Security Entitlement against the Securities Intermediary with respect to the Securities Account and all Security Entitlements carried in the Securities Account;
(c) the Note Trustee, acting as Securities Intermediary, will maintain accurate and complete records of the Financial Assets in the Securities Account such that the Collateral is objectively determinable;
(d) the Note Trustee, acting as Securities Intermediary, will in the ordinary course of its business, maintain securities accounts for its customers, will act in that capacity in holding the Securities Account under this Note Indenture and will at all times be located in and maintain its books and records relating to all of these securities in the State of New York[DELAWARE];
(e) the Note Trustee, acting as Securities Intermediary, will treat all Eligible Investments as Financial Assets and will duly hold the Eligible Investments in the Securities Account; and
(f) the Note Trustee, acting as Securities Intermediary, will not agree to comply with entitlement orders of any secured party other than the Note Trustee with respect to the Securities Account or any Security Entitlements carried in the Securities Account.
Appears in 1 contract
Samples: Note Indenture (Cl&p Funding LLC)
Covenants of the Note Trustee. The Note Trustee hereby covenants and agrees as follows:
(a) the Note Trustee will establish the Collection Account as a Securities Account;
(b) the Note Trustee, acting as Securities Intermediary, will identify the Collection Account in its records as a Securities Account of the Note Trustee and will identify the Note Trustee in such records as the Person having the Security Entitlement against the Securities Intermediary with respect to the Securities Account and all Security Entitlements carried in the Securities Account;
(c) the Note Trustee, acting as Securities Intermediary, will maintain accurate and complete records of the Financial Assets in the Securities Account such that the Collateral is objectively determinable;
(d) the Note Trustee, acting as Securities Intermediary, will in the ordinary course of its business, maintain securities accounts for its customers, will act in that capacity in holding the Securities Account under this Note Indenture and will at all times be located in and maintain its books and records relating to all of these securities in the State of New York;
(e) the Note Trustee, acting as Securities Intermediary, will treat all Eligible Investments as Financial Assets and will duly hold the Eligible Investments in the Securities Account; and
(f) the Note Trustee, acting as Securities Intermediary, will not agree to comply with entitlement orders of any secured party other than the Note Trustee with respect to the Securities Account or any Security Entitlements carried in the Securities Account.
Appears in 1 contract
Samples: Note Indenture (B E C Energy)
Covenants of the Note Trustee. The Note Trustee hereby covenants and agrees as follows:
(a) the Note Trustee will establish the Collection Account as a Securities Account;
(b) the Note Trustee, acting as Securities Intermediary, will identify the Collection Account in its records as a Securities Account of the Note Trustee and will identify the Note Trustee in such records as the Person having the Security Entitlement against the Securities Intermediary with respect to the Securities Account and all Security Entitlements carried in the Securities Account;
(c) the Note Trustee, acting as Securities Intermediary, will maintain accurate and complete records of the Financial Assets in the Securities Account such that the Collateral is objectively determinable;
(d) the Note Trustee, acting as Securities Intermediary, will in the ordinary course of its business, maintain securities accounts for its customers, will act in that capacity in holding the Securities Account under this Note Indenture and will at all times be located in and maintain its books and records relating to all of these securities in the State of New YorkDelaware;
(e) the Note Trustee, acting as Securities Intermediary, will treat all Eligible Investments as Financial Assets and will duly hold the Eligible Investments in the Securities Account; and
(f) the Note Trustee, acting as Securities Intermediary, will not agree to comply with entitlement orders of any secured party other than the Note Trustee with respect to the Securities Account or any Security Entitlements carried in the Securities Account.
Appears in 1 contract
Samples: Note Indenture (Cl&p Funding LLC)