Custodial Assets Sample Clauses

Custodial Assets. Global Prime may request the Custodian at any time to pay or deliver to Global Prime any of the Custodial Assets, provided that Global Prime may only request the Custodian to deliver to Global Prime Custodial Assets which are ASX – traded securities if such delivery would not cause Global Prime to have a 'relevant interest' for the purposes of the Corporations Xxx 0000 (Commonwealth) of greater than 18% in the voting securities in any ASX listed entity. Subject to clauses 11.3, 11.4, 11.5 and 11.6 Client agrees that any Custodial Assets which Global Prime requests the Custodian to pay or deliver to Global Prime, or any Collateral, may be used by Global Prime for Global Prime’s own account (including to borrow, to lend, to charge, to re-hypothecate, to dispose of or otherwise to use for its own purposes) and in respect of Global Prime’s obligations (or those of other customers of Global Prime) and, as a consequence, those Assets are not held by Global Prime for Client or the Custodian. Global Prime must return equivalent Custodial Assets to the Custodian in accordance with clause 10.6. Client and the Custodian will in relation to the obligation to return equivalent Custodial Assets rank as one of Global Prime’s general creditors in the event of Global Prime becoming Insolvent. Subject to clause the provisions of the MSLA dealing with franking credits and dividend rebates, Global Prime may retain all fees, profits and other benefits received in connection with such activities.
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Custodial Assets. UBS may request the Custodian at any time to pay or deliver to UBS any of the Custodial Assets, provided that UBS may only request the Custodian to deliver to UBS Custodial Assets which are ASX listed securities if such delivery would not cause UBS to have a ‘relevant interest’ for the purposes of the Corporations Act 2001 (C’th) of greater than 18% in any ASX listed entity. Subject to clauses 10.3, 10.4, 10.5 and 10.6 the Customer agrees that any Custodial Assets which UBS requests the Custodian to pay or deliver to UBS, or any Collateral, may be used by UBS for UBS’s own account (including to borrow, lend, charge, re-hypothecate, dispose of or otherwise use for its own purposes) and in respect of UBS’s obligations (or those of other customers of UBS) and, as a consequence, those Assets are not held by UBS for the Customer or the Custodian. UBS will have a contractual obligation to return equivalent Custodial Assets to the Custodian in accordance with clause 10.6. The Customer and the Custodian will in relation to the obligation to return equivalent Custodial Assets rank as one of UBS’s general creditors in the event of UBS becoming Insolvent. Subject to clause 4.2 of the ASLA, UBS may retain all fees, profits and other benefits received in connection with such activities.
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Custodial Assets. (a) Concurrently with the execution hereof, Sussex shall deposit $313 million (such amount, including the interest accrued thereon, the “Custodial Assets”) with Deutsche Bank Trust Company Americas (the “Custodian”), pursuant to a custody and security agreement dated as of the date hereof and attached hereto as Exhibit A (the “Custody and Security Agreement”) executed and delivered by each of Sussex, Columbia, Merger Sub, Aztar and the Custodian. At the Closing, the Custodial Assets then being held by the Custodian shall be credited against the Payment Fund (as defined below) and such Custodial Assets shall be promptly released and paid by the Custodian to the Paying Agent (as defined below) pursuant to this Section 2.02(a) and the terms of the Custody and Security Agreement. Upon the termination of this Agreement, the Custodial Assets shall be payable pursuant to Section 5.07(d) hereof, and thereafter shall be promptly released by the Custodian to Aztar or Sussex, as the case may be, pursuant to Section 5.07(d) hereof and the terms of the Custody and Security Agreement.
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Custodial Assets. MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd may request the Custodian at any time to pay or deliver to MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd any of the Custodial Assets, provided that MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd may only request the Custodian to deliver to MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd Custodial Assets which are ASX – traded securities if such delivery would not cause MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd to have a 'relevant interest' for the purposes of the Corporations Xxx 0000 (Commonwealth) of greater than 18% in the voting securities in any ASX listed entity. Subject to clauses 11.3, 11.4, 11.5 and 11.6 Client agrees that any Custodial Assets which MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd requests the Custodian to pay or deliver to MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd, or any Collateral, may be used by Global Prime for MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd’s own account (including to borrow, to lend, to charge, to re-hypothecate, to dispose of or otherwise to use for its own purposes) and in respect of MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd’s obligations (or those of other customers of MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd) and, as a consequence, those Assets are not held by MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd for Client or the Custodian. MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd must return equivalent Custodial Assets to the Custodian in accordance with clause 10.6. Client and the Custodian will in relation to the obligation to return equivalent Custodial Assets rank as one of MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd’s general creditors in the event of MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd becoming Insolvent. Subject to clause the provisions of the MSLA dealing with franking credits and dividend rebates, MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd may retain all fees, profits and other benefits received in connection with such activities.
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Custodial Assets. 4 Section 2.03 Exchange of Certificates........................................5
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Custodial Assets. The Assets will include all of Sellers’ rights in funds, investments, collateral assets or other property of any kind held or required to be held as custodial assets pursuant to or in connection with the terms of any instrument or agreement governing a customer relationship. All such custodial assets are maintained on a fully reconciled basis.
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Custodial Assets. Upon receipt of the Custodial Assets, the Custodian shall send a notice to each Aztar Agent and each Columbia Sussex Agent acknowledging receipt of the Custodial Assets. The Custodian shall immediately invest the entire balance of the Custodial Assets in the money market fund set forth in Annex C and credit the investment to the Custody Account. If the Custodial Assets are received by 4:00 PM (Eastern Standard Time) the Custodian shall invest them on that day received. Custodial Assets received after 4:00 PM (Eastern Standard Time) shall be invested on the next succeeding business day. Investment decisions may be changed through written instructions from an Aztar Agent provided to a Columbia Sussex Agent and to the Custodian. Such change in the designation will become effective upon receipt by the Custodian, subject to the following limitations:
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Custodial Assets. CapitalFX may request the Custodian at any time to pay or deliver to CapitalFX any of the Custodial Assets, provided that CapitalFX may only request the Custodian to deliver to CapitalFX Custodial Assets which are ASX – traded securities if such delivery would not cause CapitalFX to have a 'relevant interest' for the purposes of the Corporations Xxx 0000 (Commonwealth) of greater than 18% in the voting securities in any ASX listed entity. Subject to clauses 11.3, 11.4,
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Related to Custodial Assets

  • Custodial Accounts It is agreed that all accounts opened under the Uniform Gift to Minors Act (UGMA), the Uniform Transfers to Minors Act (UTMA), or similar state statutes will be properly created and that all property so transferred will be done in compliance with such applicable statutes. There will be good faith reliance upon the instructions given, representations made and actions taken by a transferor or custodian. Further, the custodian represents and warrants that the assets in the account belong to the minor and that all such assets, whether or not transferred out of the UGMA or UTMA account, will only be used for the benefit of the minor.

  • Custodial Account Funds in any custodial accounts established by the Servicer and maintained in respect of the REMIC may be invested and, if invested, shall be invested in Eligible Investments selected by the Servicer which shall mature not later than the Business Day immediately preceding the next Remittance Date, and any such Eligible Investment shall not be sold or disposed of prior to its maturity. All such Eligible Investments shall be made in the name of the REMIC or its nominee. All income and gain realized from any such investment shall be, as long as the Servicer is servicing the Mortgage Loans held by the REMIC, for the benefit of the Servicer as additional compensation and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the relevant account by the Servicer out of its own funds immediately as realized. The foregoing requirements for deposit in such account are exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments of interest on funds in such account and, as long as the Servicer is servicing the Mortgage Loans held by the REMIC, payments in the nature of prepayment fees, late payment charges, assumption fees or any similar fees customarily associated with the servicing mortgage loans paid by any mortgagor need not be deposited by the Servicer in such account and may be retained by the Servicer as additional servicing compensation. If the Servicer deposits in such account any amount not required to be deposited therein, it may at any time withdraw such amount, any provision herein to the contrary notwithstanding.

  • Collection Account (a) On the Closing Date, the Master Servicer shall open and shall thereafter maintain a segregated account held in trust (the “Collection Account”), entitled “Collection Account, Aurora Loan Services Inc., as Master Servicer, in trust for the benefit of the Holders of Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2004-10.” The Collection Account shall relate solely to the Certificates issued by the Trust Fund hereunder, and funds in such Collection Account shall not be commingled with any other monies.

  • Servicing Accounts (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain one or more custodial accounts (the “Servicing Accounts”) in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which accounts shall be deposited within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Recoveries and advances made from the Servicer’s own funds (less, in the case of each Servicer, the applicable servicing compensation, in whatever form and amounts as permitted by the applicable Servicing Agreement) and all other amounts to be deposited in each such Servicing Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Account for purposes required or permitted by this Agreement and the applicable Servicing Agreement. For the purposes of this Agreement, Servicing Accounts shall also include such other accounts as the Servicer maintains for the escrow of certain payments, such as taxes and insurance, with respect to certain Mortgaged Properties. Each Servicing Agreement sets forth the criteria for the segregation, maintenance and investment of each related Servicing Account, the contents of which are acceptable to the parties hereto as of the date hereof and changes to which shall not be made unless such changes are made in accordance with the provisions of Section 12.01 hereof.

  • Establishment of Custodial Accounts; Deposits in Custodial Accounts The Seller shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts, in the form of time deposit or demand accounts. The creation of any Custodial Account shall be evidenced by a Custodial Account Letter Agreement in the form of Exhibit 7. The Seller shall deposit in the Custodial Account on a daily basis, and retain therein the following payments and collections received by it subsequent to the Cut-off Date, or received by it prior to the Cut-off Date but allocable to a period subsequent thereto, other than in respect of principal and interest on the Mortgage Loans due on or before the Cut-off Date:

  • Establishment of Custodial Account; Deposits in Custodial Account The Seller shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, the “Custodial Account”), titled “PrimeLending, in trust for Redwood Residential Acquisition Corporation as Purchaser of Mortgage Loans and various Mortgagors.” Such Custodial Account shall be an Eligible Account established with a commercial bank, a savings bank or a savings and loan association (which may be a depository affiliate of the Seller) which meets the guidelines set forth by the FHFA, Fxxxxx Mxx or Fxxxxxx Mac as an eligible depository institution for custodial accounts. The Custodial Account shall not be transferred to any other depository institution without the Purchaser’s approval, which shall not unreasonably be withheld. In any case, the Custodial Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder and which may be drawn on by the Seller. The Seller shall deposit in the Custodial Account on a daily basis, and retain therein the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal and interest on the Mortgage Loans due on or before the related Cut-off Date):

  • Custodial Accounts and Buydown Fund Accounts The Master Servicer shall cause to be established and maintained by each Servicer under the Master Servicer's supervision the Custodial Account for P&I, Buydown Fund Accounts (if any) and special Custodial Account for Reserves and shall deposit or cause to be deposited therein daily the amounts related to the Mortgage Loans required by the Selling and Servicing Contracts to be so deposited. Proceeds received with respect to individual Mortgage Loans from any title, hazard, or FHA insurance policy, VA guaranty, Primary Insurance Policy or other insurance policy (other than any Special Primary Insurance Policy) covering such Mortgage Loans, if required for the restoration or repair of the related Mortgaged Property, may be deposited either in the Custodial Account for Reserves or the Custodial Account for P&I. Such proceeds (other than proceeds from any Special Primary Insurance Policy), if not required for the restoration or repair of the related Mortgaged Property, shall be deposited in the Custodial Account for P&I, and shall be applied to the balances of the related Mortgage Loans as payments of interest and principal. The Master Servicer is hereby authorized to make withdrawals from and to issue drafts against the Custodial Accounts for P&I and the Custodial Accounts for Reserves for the purposes required or permitted by this Agreement. Each Custodial Account for P&I and each Custodial Account for Reserves shall bear a designation clearly showing the respective interests of the applicable Servicer, as trustee, and of the Master Servicer, in substantially one of the following forms:

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