Delivery of Account Property. With respect to the Account Property, the Spread Account Depositor and the Spread Account Custodian agree that: (a) any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Account; and each such deposit account shall be subject to the exclusive dominion and control of the Spread Account Custodian, and the Spread Account Custodian shall have sole signature authority with respect thereto; (b) any Account Property that is Physical Property shall be delivered to the Spread Account Custodian in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC); (c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC); (d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of such security by the Spread Account Custodian (or its nominee) or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC); (e) any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal book-entry regulations shall be delivered to the Spread Account Custodian in accordance with paragraph (d) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued book-entry registration of such Account Property in the name of the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC), and (f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name of the Spread Account Custodian for which the Spread Account Custodian is the sole entitlement holder (as defined in Section 8-102(a)(7) of the Relevant UCC).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)
Delivery of Account Property. With respect to the Account Property, the Spread Account Depositor and the Spread Account Custodian agree that:
(a) any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Account; and each such deposit account shall be subject to the exclusive dominion and control of the Spread Account Custodian, and the Spread Account Custodian shall have sole signature authority with respect thereto;
(b) any Account Property that is Physical Property shall be delivered to the Spread Account Custodian in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of such security by the Spread Account Custodian (or its nominee) or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(e) any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal book-entry regulations shall be delivered to the Spread Account Custodian in accordance with paragraph (d) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued book-entry registration of such Account Property in the name of the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC), and;
(f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name of the Spread Account Custodian for which the Spread Account Custodian is the sole entitlement holder (as defined in Section 8-102(a)(7) of the Relevant UCC).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)
Delivery of Account Property. With respect to the Account Property, the Spread Account Depositor and the Spread Account Custodian agree that:
(a) any Any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Account; and each the name of the Spread Account Custodian in the Corporate Trust Department of the Spread Account Custodian. Each such deposit account shall be subject to the exclusive dominion custody and control of the Spread Account Custodian, and the Spread Account Custodian shall have the sole signature authority with respect thereto;.
(b) any Any Account Property that is constitutes Physical Property shall be delivered to the Spread Account Custodian in accordance with paragraph (ai) of the definition of "Delivery" in Section 1 hereof and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or Custodian, a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, Financial Intermediary acting solely by for the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of bailee to whom the Relevant UCC);
(d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to Seller and the Spread Account Custodian in accordance with paragraph (c) have given notice of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of 's security interest in such security by the Spread Account Custodian (or its nominee) or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);Property.
(ec) any Any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal federal book-entry regulations shall be delivered to the Spread Account Custodian in accordance with paragraph (dii) of the definition of "Delivery" in Section 1 hereof and shall be maintained by the Spread Account Custodian and any other Depositary acting on behalf of the Spread Account Custodian, pending maturity or disposition, through continued book-entry registration of such Account Property as described in such paragraph.
(d) Any Account Property that is a Certificated or Uncertificated Security subject to the name control of a Clearing Corporation shall be delivered to the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of Financial Intermediary for the Relevant UCC), and
(f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name benefit of the Spread Account Custodian for which in accordance with paragraph (iii) of the definition of "Delivery" in Section 1 hereof and shall be maintained by the Spread Account Custodian or a Financial Intermediary for the benefit of the Spread Account Custodian, pending maturity or disposition, through continued registration of such Account Property as described in such paragraph.
(e) Any Account Property that is an Uncertificated Security under Article 8 of the sole entitlement holder UCC and that is not governed by clause (as defined c) or (d) above shall be delivered to the Spread Account Custodian in Section 8-102(a)(7accordance with paragraph (iv) of the Relevant UCC)definition of "Delivery" in Section 1 hereof and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration of the Spread Account Custodian's (or its nominee's) interest in such security on the books of the issuer thereof.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Money Store of New York Inc), Pooling and Servicing Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I)
Delivery of Account Property. With respect to the Account Property, the Spread Account Depositor and the Spread Account Custodian agree that:
(a) any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Account; and each such deposit account shall be subject to the exclusive dominion and control of the Spread Account Custodian, and the Spread Account Custodian shall have sole signature authority with respect thereto;
(b) any Account Property that is Physical Property shall be delivered to the Spread Account Custodian in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-8- 102(a)(14) of the Relevant UCC);
(d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of such security by the Spread Account Custodian (or its nominee) or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(e) any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal book-entry regulations shall be delivered to the Spread Account Custodian in accordance with paragraph (d) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued book-entry registration of such Account Property in the name of the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-8- 102(a)(14) of the Relevant UCC), and;
(f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name of the Spread Account Custodian for which the Spread Account Custodian is the sole entitlement holder (as defined in Section 8-102(a)(7) of the Relevant UCC).
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc), Pooling and Servicing Agreement (Money Store of New York Inc)
Delivery of Account Property. With respect to the Account ---------------------------- Property, the Spread Account Depositor and the Spread Account Custodian agree that:
(a) any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Accountwith a Designated Depository Institution; and each such deposit account shall be subject to the exclusive dominion and control of the Spread Account Custodian, and the Spread Account Custodian shall have sole signature authority with respect thereto;
(b) any Account Property that is Physical Property shall be delivered to the Spread Account Custodian in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-8- 102(a)(14) of the Relevant UCC);
(c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of such security by the Spread Account Custodian (or its nominee) or a securities intermediary (as such term is defined in Section 8-8- 102(a)(14) of the Relevant UCC);
(e) any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal book-entry regulations shall be delivered to the Spread Account Custodian in accordance with paragraph (d) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued book-entry registration of such Account Property in the name of the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-8- 102(a)(14) of the Relevant UCC), ; and
(f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name of the Spread Account Custodian for which the Spread Account Custodian is the sole entitlement holder (as defined in Section 8-102(a)(7) of the Relevant UCC).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First International Bancorp Inc)
Delivery of Account Property. With respect to the Account Property, the Spread Account Depositor and the Spread Account Custodian agree that:
(a) any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Account; and each such deposit account shall be subject to the exclusive dominion and control of the Spread Account Custodian, and the Spread Account Custodian shall have sole signature authority with respect thereto;
(b) any Account Property that is Physical Property shall be delivered to the Spread Account Custodian in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of such security by the Spread Account Custodian (or its nominee) or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(e) any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal book-entry regulations shall be delivered to the Spread Account Custodian in accordance with paragraph (d) of the definition of "Delivery" and shall be maintained by the Spread Account Custodian, pending maturity or disposition, through continued book-entry registration of such Account Property in the name of the Spread Account Custodian or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC), ; and
(f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name of the Spread Account Custodian for which the Spread Account Custodian is the sole entitlement holder (as defined in Section 8-102(a)(7) of the Relevant UCC).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store of New York Inc)
Delivery of Account Property. With respect to the Account PropertyProperty that is not maintained with FUNB, the Spread Account Depositor and the Spread Account Custodian Indenture Trustee agree that:
(a) any Account Property that is held in deposit accounts shall be held solely in an Eligible Deposit Account; and each such deposit account shall be subject to the exclusive dominion and control of the Spread Account CustodianIndenture Trustee, and the Spread Account Custodian Indenture Trustee shall have sole signature authority with respect thereto;
(b) any Account Property that is Physical Property shall be delivered to the Spread Account Custodian Indenture Trustee in accordance with paragraph (a) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian Indenture Trustee or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(c) any Account Property that is a "certificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian Indenture Trustee in accordance with paragraph (b) of the definition of "Delivery" and shall be held, pending maturity or disposition, solely by the Spread Account Custodian Indenture Trustee or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(d) any Account Property that is an "uncertificated security" under Article 8 of the Relevant UCC shall be delivered to the Spread Account Custodian Indenture Trustee in accordance with paragraph (c) of the definition of "Delivery" and shall be maintained by the Spread Account CustodianIndenture Trustee, pending maturity or disposition, through continued registration on the books and records of the issuer thereof of the ownership of such security by the Spread Account Custodian Indenture Trustee (or its nominee) or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC);
(e) any Account Property that is a book-entry security held through the Federal Reserve System pursuant to Federal book-entry regulations shall be delivered to the Spread Account Custodian Indenture Trustee in accordance with paragraph (d) of the definition of "Delivery" and shall be maintained by the Spread Account CustodianIndenture Trustee, pending maturity or disposition, through continued book-entry registration of such Account Property in the name of the Spread Account Custodian Indenture Trustee or a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC), ; and
(f) any Account Property held through a securities intermediary (as such term is defined in Section 8-102(a)(14) of the Relevant UCC) shall be held in a securities account (as such term is defined in Section 8-501(a) of the Relevant UCC) that is established by such securities intermediary in the name of the Spread Account Custodian Indenture Trustee for which the Spread Account Custodian Indenture Trustee is the sole entitlement holder (as defined in Section 8-102(a)(7) of the Relevant UCC). Notwithstanding the foregoing, the parties hereto acknowledge that so long as the Spread Account remains with FUNB, the provisions of this Section 5 shall not apply.
Appears in 1 contract
Samples: Spread Account Agreement (Money Store Home Equity Corp)