DBTCA represents that it is eligible to act as Trustee under the provisions of the Indenture and the Trust Indenture Act of 1939, as amended.
DBTCA hereby accepts its appointment as successor Trustee (trustee, registrar and paying agent) under the Indenture and accepts the trust created thereby, and assumes all estates, properties, rights, powers, trusts, duties and obligations of the Trustee under the Indenture. DBTCA will perform said trust and will exercise said rights, powers, trusts and duties upon the terms and conditions set forth in the Indenture, provided, however, that it is understood and agreed by the parties hereto that DBTCA does not assume responsibility for or any liability in connection with any negligence or other misconduct on the part of Citibank or its agents in connection with Citibank’s performance of the respective trusts, duties and obligations under the Indenture, and it is further understood and agreed by the parties that the provisions of Section 6.07 of the Indenture shall survive, for the benefit of Citibank, Citibank’s resignation hereunder.
DBTCA hereby accepts the designation of its Corporate Trust Office as the office or agency of the Issuer in New York, New York where the Securities may be presented for payment, registration or transfer. In addition, DBTCA hereby requests that all notices to DBTCA hereunder or under the Indenture also be delivered to DBTCA at Deutsche Bank National Trust Company Trust & Securities Services 25 XxXxxxxx Avenue, 0xx Xxxxx, Xxxx Xxxx XXX00-0000, Xxxxxx, XX 00000; Telecopy: (000) 000-0000.
DBTCA. ANTICIPATED TIMING: - TERM SHEET & ANNEX A-1: ATTACHED - RED: TOMORROW 3/12 - THIRD PARTY SYSTEMS: TODAY 3/11 - INVESTOR GROUP MEETINGS: WEDNESDAY, 3/12 (SEND RSVP TO DESK) HARTFORD 12:00PM BOSTON 3:30PM - INVESTOR MEETINGS AVAILABLE UPON REQUEST (CONTACT SALES COVERAGE) - PRE-RECORDED INVESTOR CALL: DIAL-IN #: 000-000-0000; CODE: 4725176 - PRE-SALE REPORTS: TODAY 3/11 OR TOMORROW 3/12 - ANTICIPATED PRICING: WEEK OF 3/16 - ANTICIPATED SETTLEMENT: 3/26 DEUTSCHE BANK TRADING DESK CONTACTS: XXXX XXXXXXXX 000-000-0000 XXXXXX XXXXX 000-000-0000 XXXX XXXXXXX 000-000-0000 CANTOR TRADING DESK CONTACTS: XXXXX XXXXXXXX 000-000-0000 XXXXXXX XXXXXXXX 000-000-0000 ****************************************************************************** Investors are urged to read the final prospectus supplement relating to these securities because it contains important information regarding the offering that is not included herein. The issuer, any underwriter or any dealer participating in the offering will arrange to send you the final prospectus supplement if you request it by calling toll-free 1-800-503-4611 or e-mailing a request to xxxxxxxxxx.xxxx@xx.xxx. The asset-backed securities referred to in these materials, and the asset pool backing them, are subject to modification or revision (including the possibility that one or more classes of securities may be split, combined or eliminated at any time prior to issuance or availability of a final prospectus) and are offered on a "when, as and if issued" basis. You understand that, when you are considering the purchase of these securities, a contract of sale will come into being no sooner than the date on which the relevant class has been priced and we have confirmed the allocation of securities to be made to you; any "indications of interest" expressed by you, and any "soft circles" generated by us, will not create binding contractual obligations for you or us. Because the asset-backed securities are being offered on a "when, as and if issued" basis, any such contract will terminate, by its terms, without any further obligation or liability between us, if the securities themselves, or the particular class to which the contract relates, are not issued. Because the asset-backed securities are subject to modification or revision, any such contract also is conditioned upon the understanding that no material change will occur with respect to the relevant class of securities prior to the closing date. If a material change does occur w...
DBTCA. The Borrower shall pay on demand therefor from time to time all customary account opening, activity and other administrative fees and charges in connection with the maintenance and disbursement of Cash Collateral.
DBTCA hereby accepts its appointment as successor Trustee, Paying Agent and Registrar under the Indenture and accepts the trust created thereby, and assumes all rights, powers, duties and obligations of the Trustee, Paying Agent and Registrar under the Indenture. DBTCA will perform said trust and will exercise said rights, powers, duties, and obligations upon the terms and conditions set forth in the Indenture. DBTCA shall, at the direction and expense of the Issuers, mail the Notice to the security holders in accordance with the provisions of Section 106 and Section 607(e) of the Indenture, as soon as practicable following the execution of this Agreement, but in no event later than January 10, 2003.
DBTCA any affiliate of DBTCA and any RF Lender (or affiliate of any RF Lender) which at the request of the Borrower and with the consent of the Administrative Agent agrees, in such RF Lender’s (or RF Lender affiliate’s) sole discretion, to become a Letter of Credit Issuer for the purpose of issuing Letters of Credit pursuant to Section 1A, and (ii) with respect to the Existing Letters of Credit, the Lender designated as the issuer thereof on Annex IX shall be the Letter of Credit Issuer thereof.
DBTCA hereby accepts the designation of its Corporate Trust Office and the Issuer Chicago Office as the office or agency of the Issuer in New York, New York and Chicago, Illinois, respectively, where the Securities may be presented for payment, registration or transfer. In addition, DBTCA hereby requests that all notices to DBTCA hereunder or under the Indenture also be delivered to DBTCA at Deutsche Bank National Trust Company Trust & Securities Services 25 DxXxxxxx Avenue, 2xx Xxxxx, Xxxx Xxxx XXX00-0000, Xxxxxx, XX 00000; Telecopy: (000) 000-0000.
DBTCA is willing to act as the Collateral Agent and Account Bank under the Credit Agreement and as Collateral Agent, Account Bank.
DBTCA in its capacity as Collateral Agent, hereby acknowledges its appointment as the initial Account Bank. Upon the execution of this Agreement, the Account Bank shall establish (or shall have established) the following segregated non-interest-bearing trust accounts: the Collection Trust Account, the Maintenance Reserve Account, the Security Deposit Account, the Class C Reserve Account, the Borrower Funding Account, and the Liquidity Reserve Account. Additionally, upon the execution of this Agreement, the Account Bank shall establish (or shall have established) as demand deposit accounts, the Collection DDA Account. The Account Bank hereby agrees to establish and maintain each such account, together with any other Bank Accounts established from time to time (in each case as a Securities Account), on the books and records of its office specified in Section 8.02 in the name of the Borrower. If, at any time, the Account Bank ceases to be an Eligible Institution, the Account Bank agrees to cooperate with any replacement Account Bank as to the transfer of any property in, and records relating to, any Bank Account maintained by it to a new Bank Account having the same characteristics as such other Bank Account and maintained by such replacement Account Bank, and the Account Bank shall, in any event, use its best efforts to effect such transfer within 10 Business Days. Except (i) as a Secured Party in accordance with the provisions of this Agreement and (ii) in its capacity as Collateral Agent for the benefit of the Secured Parties, DBTCA waives any claim or lien against any Bank Account it may have, by operation of law or otherwise, for any amount owed to it by any Grantor.
