Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 2023-4.” The Series 2023-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 2023-4 5.15% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement. (b) Series 2023-4 shall be included in Group I and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 2023-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023. (c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232024-43.” The Series 20232024-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232024-4 5.153 4.65% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232024-4 5.463 5.08% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232024-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232024-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232024-4 3 shall be included in Group I and shall be a Principal Sharing Series. Series 20232024-4 3 shall be an Excess Allocation Series. Series 20232024-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232024-4 3 shall be the October 2023 August 2024 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 31, 20232024.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232024-4 3 Certificates by issuing and selling additional Series 20232024-4 3 Certificates. Any additional Series 20232024-4 3 Certificates so issued shall be treated, for all purpose, like the Series 20232024-4 3 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232024-4 3 shall be a Repurchase Reporting Series. .
(f) Series 20232024-4 3 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232024-4 3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232024-43.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232021-41.” The Series 20232021-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232021-4 5.151 0.90% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232021-4 5.461 1.10% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232021-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232021-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232021-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 20232021-4 1 shall be an Excess Allocation Series. Series 20232021-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232021-4 1 shall be the October 2023 December 2021 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September November 30, 20232021.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232021-4 1 Certificates by issuing and selling additional Series 20232021-4 1 Certificates. Any additional Series 20232021-4 1 Certificates so issued shall be treated, for all purpose, like the Series 20232021-4 1 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232021-4 1 shall be a Repurchase Reporting Series. .
(f) Series 20232021-4 1 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232021-4 1 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232021-41.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232019-43.” The Series 20232019-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232019-4 5.153 2.00% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232019-4 5.463 2.20% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232019-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232019-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232019-4 3 shall be included in Group I and shall be a Principal Sharing Series. Series 20232019-4 3 shall be an Excess Allocation Series. Series 20232019-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232019-4 3 shall be the October 2023 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 20232019.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232019-4 3 Certificates by issuing and selling additional Series 20232019-4 3 Certificates. Any additional Series 20232019-4 3 Certificates so issued shall be treated, for all purpose, like the Series 20232019-4 3 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232019-4 3 shall be a Repurchase Reporting Series. .
(f) Series 20232019-4 3 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232019-4 3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232019-43.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20231998-4.” 1". The Series 20231998-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.156.310% Asset Backed Certificates” , Series 1998-1" and the second of which shall be known as the “"Class B Series 2023-4 5.466.356% Asset Backed Certificates.” , Series 1998-1". In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Series Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a known as the "Floating Rate Class of C Asset Backed Interests, Series 20231998-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement1".
(b) Series 20231998-4 1 shall be included in Group I One and shall be a Principal Sharing Series and a Subordinated Excess Principal Series. Series 20231998-4 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20231998-4 1 shall be the October 2023 May 1998 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Class C Interest Holders, as holders of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement (including the Class C Supplemental Agreement). Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) Class C Interests. The Class C Interests shall be deemed to arise upon the provisions of Section 3.07 payment of the Agreement shall not cause amounts due on the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject Closing Date pursuant to the terms of the Agreement and this SupplementClass C Purchase Agreement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Capital One Financial Corp), Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-4.” The Series 20232017-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.151.64% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.461.82% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 shall be included in Group I and shall be a Principal Sharing Series. Series 20232017-4 shall be an Excess Allocation Series. Series 20232017-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 shall be the October 2023 June 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 31, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 Certificates by issuing and selling additional Series 20232017-4 Certificates. Any additional Series 20232017-4 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232017-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 2023-43.” The Series 2023-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 2023-4 5.153 5.23% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.463 5.52% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 2023-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 2023-4 3 shall be included in Group I and shall be a Principal Sharing Series. Series 2023-4 3 shall be an Excess Allocation Series. Series 2023-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 3 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 3 Certificates by issuing and selling additional Series 2023-4 3 Certificates. Any additional Series 2023-4 3 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 3 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 3 shall be a Repurchase Reporting Series. .
(f) Series 2023-4 3 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-43.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20232000-4I Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.156.90% Asset Backed Certificates” , Series 2000-I (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.467.15% Asset Backed Certificates.” , Series 2000-I (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20232000-4 for all purposes of I (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20232000-4 I shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 I shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20231999-4I Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.156.40% Asset Backed Certificates” , Series 1999-I (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.466.70% Asset Backed Certificates.” , Series 1999-I (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of I (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 I shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 I shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trustthe "Series 1999-E Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 20231999-4.” E (the "Class A Certificates") and the Class B Floating Rate Asset Backed Certificates, Series 1999-E (the "Class B Certificates"). The Series 2023-4 Class A Certificates and the Class B Certificates shall be issued substantially in two Classesthe form of Exhibits A-1 and A-2 hereto, the first of which shall be known as the “Class A Series 2023-4 5.15% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of E (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 E shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 E shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232022-43.” The Series 20232022-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232022-4 5.153 3.75% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232022-4 5.463 4.07% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232022-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232022-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232022-4 3 shall be included in Group I and shall be a Principal Sharing Series. Series 20232022-4 3 shall be an Excess Allocation Series. Series 20232022-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232022-4 3 shall be the October 2023 September 2022 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30August 31, 20232022.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232022-4 3 Certificates by issuing and selling additional Series 20232022-4 3 Certificates. Any additional Series 20232022-4 3 Certificates so issued shall be treated, for all purpose, like the Series 20232022-4 3 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232022-4 3 shall be a Repurchase Reporting Series. .
(f) Series 20232022-4 3 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232022-4 3 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232022-43.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-47.” The Series 20232017-4 7 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.157 2.35% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.467 2.54% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-47” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 7 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 7 shall be included in Group I and shall be a Principal Sharing Series. Series 20232017-4 7 shall be an Excess Allocation Series. Series 20232017-4 7 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 7 shall be the October 2023 November 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30October 31, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 7 Certificates by issuing and selling additional Series 20232017-4 7 Certificates. Any additional Series 20232017-4 7 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 7 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 7 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 7 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 7 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232017-47.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232024-41.” The Series 20232024-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232024-4 5.151 5.23% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232024-4 5.461 5.50% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232024-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232024-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232024-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 20232024-4 1 shall be an Excess Allocation Series. Series 20232024-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232024-4 1 shall be the October 2023 May 2024 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September April 30, 20232024.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232024-4 1 Certificates by issuing and selling additional Series 20232024-4 1 Certificates. Any additional Series 20232024-4 1 Certificates so issued shall be treated, for all purpose, like the Series 20232024-4 1 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232024-4 1 shall be a Repurchase Reporting Series. .
(f) Series 20232024-4 1 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232024-4 1 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232024-41.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232019-41.” The Series 20232019-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232019-4 5.151 2.87% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232019-4 5.461 3.07% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232019-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232019-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232019-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 20232019-4 1 shall be an Excess Allocation Series. Series 20232019-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232019-4 1 shall be the October 2023 March 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30February 28, 20232019.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232019-4 1 Certificates by issuing and selling additional Series 20232019-4 1 Certificates. Any additional Series 20232019-4 1 Certificates so issued shall be treated, for all purpose, like the Series 20232019-4 1 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232019-4 1 shall be a Repurchase Reporting Series. .
(f) Series 20232019-4 1 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232019-4 1 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232019-41.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trustthe "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 20231999-4.” The Series 2023-4 Certificates shall be issued in two Classes, D (the first of which shall be known as the “"Class A Series 2023-4 5.15Certificates") and the Class B 6.50% Asset Backed Certificates” , Series 1999-D (the "Class B Certificates"). The Class A Certificates and the second of which Class B Certificates shall be known as substantially in the “Class B Series 2023-4 5.46% Asset Backed Certificates.” form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of D (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 D shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 D shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20231999-4B Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.155.90% Asset Backed Certificates” , Series 1999-B (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.466.20% Asset Backed Certificates.” , Series 1999-B (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of B (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 B shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 B shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232022-42.” The Series 20232022-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232022-4 5.152 3.39% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232022-4 5.462 3.61% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232022-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232022-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232022-4 2 shall be included in Group I and shall be a Principal Sharing Series. Series 20232022-4 2 shall be an Excess Allocation Series. Series 20232022-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232022-4 2 shall be the October 2023 June 2022 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 31, 20232022.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232022-4 2 Certificates by issuing and selling additional Series 20232022-4 2 Certificates. Any additional Series 20232022-4 2 Certificates so issued shall be treated, for all purpose, like the Series 20232022-4 2 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232022-4 2 shall be a Repurchase Reporting Series. .
(f) Series 20232022-4 2 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232022-4 2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232022-42.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232019-42.” The Series 20232019-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232019-4 5.152 2.67% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232019-4 5.462 2.86% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232019-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232019-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232019-4 2 shall be included in Group I and shall be a Principal Sharing Series. Series 20232019-4 2 shall be an Excess Allocation Series. Series 20232019-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232019-4 2 shall be the October 2023 May 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September April 30, 20232019.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232019-4 2 Certificates by issuing and selling additional Series 20232019-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.2
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20231998-4D Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.155.80% Asset Backed Certificates” , Series 1998-D (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates.” , Series 1998-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231998-4 for all purposes of D (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231998-4 D shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231998-4 shall be an Excess Allocation Series. Series 2023-4 D shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express the "National City Credit Account Card Master Trust, Series 20232000-41.” " The Series 20232000-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2000-1" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2000-1.” " The Class A Certificates and the Class B Certificates shall be substantially in the form of EXHIBITS A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST").
(b) Series 20232000-4 1 shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article ARTICLE VI and Article ARTICLE XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in SECTION 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant Notwithstanding any provision in the Agreement or in this Supplement to Section 6.03(c) of the Agreementcontrary, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 first Distribution Date with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232000-41 shall be the October 2000 Distribution Date and the first Monthly Period shall be the period from the Closing Date until September 30, 2000.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (National City Credit Card Master Trust), Pooling and Servicing Agreement (National City Credit Card Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-42.” The Series 20232017-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.15% 2 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.46% 2 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 2 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232017-4 2 shall be an Excess Allocation Series. Series 20232017-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 2 shall be the October 2023 March 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30February 28, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 2 Certificates by issuing and selling additional Series 20232017-4 2 Certificates. Any additional Series 20232017-4 2 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 2 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 2 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 2 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 2 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232017-42.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20231999-4M Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.156.60% Asset Backed Certificates” , Series 1999-M (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.466.80% Asset Backed Certificates.” , Series 1999-M (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of M (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 M shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 M shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20232000-4E Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.157.80% Asset Backed Certificates” , Series 2000-E (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.468.15% Asset Backed Certificates.” , Series 2000-E (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20232000-4 for all purposes of E (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20232000-4 E shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 E shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20232000-4A Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.157.35% Asset Backed Certificates” , Series 2000-A (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.467.55% Asset Backed Certificates.” , Series 2000-A (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20232000-4 for all purposes of A (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20232000-4 A shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 A shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232022-4.” The Series 20232022-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232022-4 5.154.95% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232022-4 5.465.23% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232022-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232022-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232022-4 shall be included in Group I and shall be a Principal Sharing Series. Series 20232022-4 shall be an Excess Allocation Series. Series 20232022-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232022-4 shall be the October 2023 December 2022 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30November 31, 20232022.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232022-4 Certificates by issuing and selling additional Series 20232022-4 Certificates. Any additional Series 20232022-4 Certificates so issued shall be treated, for all purpose, like the Series 20232022-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232022-4 shall be a Repurchase Reporting Series. .
(f) Series 20232022-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232022-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232022-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-48.” The Series 20232017-4 8 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.15% 8 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.46% 8 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-48” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 8 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 8 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232017-4 8 shall be an Excess Allocation Series. Series 20232017-4 8 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 8 shall be the October 2023 November 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30October 31, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 8 Certificates by issuing and selling additional Series 20232017-4 8 Certificates. Any additional Series 20232017-4 8 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 8 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 8 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 8 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 8 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232017-48.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232024-42.” The Series 20232024-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232024-4 5.152 5.24% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232024-4 5.462 5.51% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232024-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232024-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232024-4 2 shall be included in Group I and shall be a Principal Sharing Series. Series 20232024-4 2 shall be an Excess Allocation Series. Series 20232024-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232024-4 2 shall be the October 2023 May 2024 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September April 30, 20232024.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232024-4 2 Certificates by issuing and selling additional Series 20232024-4 2 Certificates. Any additional Series 20232024-4 2 Certificates so issued shall be treated, for all purpose, like the Series 20232024-4 2 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232024-4 2 shall be a Repurchase Reporting Series. .
(f) Series 20232024-4 2 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232024-4 2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232024-42.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-47.” The Series 20232018-4 7 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.15% 7 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.46% 7 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-47” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 7 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 7 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232018-4 7 shall be an Excess Allocation Series. Series 20232018-4 7 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 7 shall be the October 2023 August 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232018-4 7 Certificates by issuing and selling additional Series 20232018-4 7 Certificates. Any additional Series 20232018-4 7 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 7 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 7 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 7 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 7 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232018-47.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-43.” The Series 20232017-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.153 1.77% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.463 1.92% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 3 shall be included in Group I and shall be a Principal Sharing Series. Series 20232017-4 3 shall be an Excess Allocation Series. Series 20232017-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 3 shall be the October 2023 March 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September April 30, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 3 Certificates by issuing and selling additional Series 20232017-4 3 Certificates. Any additional Series 20232017-4 3 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 3 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 3 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 3 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232017-43.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-43.” The Series 20232018-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.15% 3 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.46% 3 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 3 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232018-4 3 shall be an Excess Allocation Series. Series 20232018-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 3 shall be the October 2023 April 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30March 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232018-4 3 Certificates by issuing and selling additional Series 20232018-4 3 Certificates. Any additional Series 20232018-4 3 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 3 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 3 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 3 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 3 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232018-43.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “"American Express Credit Account Master Trust, Series 20232000-4.” " The Series 20232000-4 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 20232000-4 5.15% Floating Rate Asset Backed Certificates” " and the second of which shall be known as the “"Class B Series 20232000-4 5.46% Floating Rate Asset Backed Certificates.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “"Collateral Interest, Series 20232000-4” " and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “"Tax Opinion” " in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232000-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232000-4 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232000-4 shall be an Excess Allocation Series. Series 20232000-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232000-4 shall be the October 2023 July 2000 Distribution Date and the first Monthly Period shall begin on and include the Closing Date Date, and end on and include September 30July 24, 20232000.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (American Express Centurion Bank)
Designation. (a) There is hereby created a Series consisting of an Investor Certificates Certificate to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Capital One Master Trust, Series 20232002-4CC.” The Series 20232002-4 Certificates shall be issued in two Classes, the first of which CC Certificate shall be known as the “Class A Series 2023-4 5.15% Asset Backed CertificatesCertificate, Series 2002-CC.” The Series 2002-CC Certificate shall constitute a “security” within the meaning of (i) Article 8 of the Uniform Commercial Code (including Section 8-102(a)(15) thereof) as in effect from time to time in the State of New York and (ii) the Uniform Commercial Code of any other applicable jurisdiction that presently or hereafter substantially includes the 1994 revisions to Article 8 thereof as adopted by the American Law Institute and the second National Conference of which shall be known as Commissioners on Uniform State Laws and approved by the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In additionAmerican Bar Association on February 14, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement1995.
(b) Series 20232002-4 CC shall be included in Group I One and shall be a Principal Sharing Series. Series 20232002-4 shall be an Excess Allocation Series. Series 2023-4 CC shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232002-4 CC shall be the October 2023 November 2002 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) This Supplement is the Series 2002-CC Supplement referred to in the Transfer and Administration Agreement, dated as of October 9, 2002, among Capital One Multi-asset Execution Trust, as issuer, the Transferor, as transferor, Capital One Bank (USA), National Association, as administrator, and The Bank of New York Mellon, as indenture trustee.
(e) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest Series 2002-CC Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsintends and, and together with the Collateral Interest HolderSeries 2002-CC Certificateholder, agree agrees to treat the Collateral Interest Series 2002-CC Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-45.” The Series 20232018-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.15% 5 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.46% 5 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-45” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 5 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 5 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232018-4 5 shall be an Excess Allocation Series. Series 20232018-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 5 shall be the October 2023 June 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232018-4 5 Certificates by issuing and selling additional Series 20232018-4 5 Certificates. Any additional Series 20232018-4 5 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 5 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 5 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 5 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 5 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232018-45.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-48.” The Series 20232018-4 8 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.158 3.18% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.468 3.35% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-48” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 8 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 8 shall be included in Group I and shall be a Principal Sharing Series. Series 20232018-4 8 shall be an Excess Allocation Series. Series 20232018-4 8 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 8 shall be the October 2023 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232018-4 8 Certificates by issuing and selling additional Series 20232018-4 8 Certificates. Any additional Series 20232018-4 8 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 8 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 8 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 8 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 8 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232018-48.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-42.” The Series 20232018-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.152 3.01% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.462 3.18% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 2 shall be included in Group I and shall be a Principal Sharing Series. Series 20232018-4 2 shall be an Excess Allocation Series. Series 20232018-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 2 shall be the October 2023 April 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30March 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232018-4 2 Certificates by issuing and selling additional Series 20232018-4 2 Certificates. Any additional Series 20232018-4 2 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 2 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 2 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 2 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 2 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232018-42.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-49.” The Series 20232018-4 9 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.15% 9 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.46% 9 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-49” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 9 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 9 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232018-4 9 shall be an Excess Allocation Series. Series 20232018-4 9 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 9 shall be the October 2023 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232018-4 9 Certificates by issuing and selling additional Series 20232018-4 9 Certificates. Any additional Series 20232018-4 9 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 9 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 9 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 9 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 9 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232018-49.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-41.” The Series 20232018-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.151 2.67% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.461 2.82% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 20232018-4 1 shall be an Excess Allocation Series. Series 20232018-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 1 shall be the October 2023 April 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30March 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232018-4 1 Certificates by issuing and selling additional Series 20232018-4 1 Certificates. Any additional Series 20232018-4 1 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 1 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 1 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 1 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 1 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232018-41.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Series Supplement to be known as “American Express Credit Account Master Trust, Series 2023-4.” The Series 2023-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 2023-4 5.15% "Auto Loan Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232002-4” and which shall be deemed CC". This Series Supplement is the Series 2002-CC Supplement referred to be “Investor Certificates” for all purposes under in (i) the DCMOT Trust Agreement and this Supplement other than for purposes of (ii) the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementIndenture.
(b) Series 2023-4 In the event that any term or provision contained herein shall conflict with or be included in Group I and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 2023-4 shall not be subordinated to inconsistent with any other Series. Notwithstanding any term or provision contained in the Agreement or in this Supplement to the contraryAgreement, the first Distribution Date with respect to terms and provisions of this Series 2023-4 Supplement shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023govern.
(c) Except as expressly provided hereinNotwithstanding anything to the contrary in the Agreement, clause (ic) of the provisions of Article VI definition "Tax Opinion" shall not apply with respect to the Series 2002-CC Certificates and Article XII any provision of the Agreement relating to (including, for the registrationavoidance of doubt, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and clause (iia) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest definition "Tax Opinion") that requires a Series of Investor Certificates to be treated as debt for federal, state and local income and franchise tax purposes, but rather purposes shall not apply to the Transferor Series 2002-CC Certificates. The Seller intends, and together with the Collateral Interest HolderHolders of the Series 2002-CC Certificates agree by accepting the Series 2002-A Certificates, agree to treat that the Collateral Interest for federal, state and local income and franchise tax purposes as representing Series 2002-CC Certificates represent an equity interest in the assets of the TrustTrust for tax purposes.
(d) Pursuant to Section 6.03(c) of Notwithstanding the definition "Required Participation Amount" in the Agreement, the Transferor may, from time calculation of the Required Participation Amount as it relates to time, increase Series 2002-CC shall be made as follows: an amount equal to the sum of (i) the sum of the amounts for each series of Notes obtained by multiplying the Required Participation Percentage for Series 2002-CC by the nominal liquidation amount of such series of Notes and (ii) the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, sum of the overcollateralization amounts for all purpose, like each series of Notes on the Series 2023-4 Certificates subject preceding Distribution Date after giving effect to the terms of the Agreement allocations, deposits and this Supplementpayments made on such Distribution Date.
(e) The Series 20232002-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition CC Certificates need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4rated.
Appears in 2 contracts
Samples: Series Supplement Agreement (Carco Auto Loan Master Trust), Series Supplement Agreement (Daimlerchrysler Master Owner Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20231999-4J Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.157.00% Asset Backed Certificates” , Series 1999-J (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.467.40% Asset Backed Certificates.” , Series 1999-J (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of J (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 J shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 J shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232019-4.” The Series 20232019-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232019-4 5.15% Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232019-4 5.46% Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232019-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232019-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232019-4 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232019-4 shall be an Excess Allocation Series. Series 20232019-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232019-4 shall be the October 2023 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 20232019.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232019-4 Certificates by issuing and selling additional Series 20232019-4 Certificates. Any additional Series 20232019-4 Certificates so issued shall be treated, for all purpose, like the Series 20232019-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232019-4 shall be a Repurchase Reporting Series. .
(f) Series 20232019-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232019-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232019-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-41.” The Series 20232017-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.151 1.93% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.461 2.10% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 20232017-4 1 shall be an Excess Allocation Series. Series 20232017-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 1 shall be the October 2023 March 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30February 28, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 1 Certificates by issuing and selling additional Series 20232017-4 1 Certificates. Any additional Series 20232017-4 1 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 1 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 1 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 1 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 1 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232017-41.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-46.” The Series 20232018-4 6 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.156 3.06% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.466 3.25% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-46” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 6 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 6 shall be included in Group I and shall be a Principal Sharing Series. Series 20232018-4 6 shall be an Excess Allocation Series. Series 20232018-4 6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 6 shall be the October 2023 August 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232018-4 6 Certificates by issuing and selling additional Series 20232018-4 6 Certificates. Any additional Series 20232018-4 6 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 6 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 6 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 6 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 6 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232018-46.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-46.” The Series 20232017-4 6 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.156 2.04% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.466 2.20% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-46” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 6 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 6 shall be included in Group I and shall be a Principal Sharing Series. Series 20232017-4 6 shall be an Excess Allocation Series. Series 20232017-4 6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 6 shall be the October 2023 November 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30October 31, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 6 Certificates by issuing and selling additional Series 20232017-4 6 Certificates. Any additional Series 20232017-4 6 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 6 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 6 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 6 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 6 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232017-46.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232018-4.” The Series 20232018-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232018-4 5.152.99% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232018-4 5.463.18% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232018-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232018-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232018-4 shall be included in Group I and shall be a Principal Sharing Series. Series 20232018-4 shall be an Excess Allocation Series. Series 20232018-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232018-4 shall be the October 2023 June 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 31, 20232018.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20232018-4 Certificates by issuing and selling additional Series 20232018-4 Certificates. Any additional Series 20232018-4 Certificates so issued shall be treated, for all purpose, like the Series 20232018-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232018-4 shall be a Repurchase Reporting Series. .
(f) Series 20232018-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232018-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232018-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series consisting of an Investor Certificates Certificate to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232002-4CC.” " The Series 20232002-4 Certificates shall be issued in two Classes, the first of which CC Certificate shall be known as the “Class A Series 2023-4 5.15% "Asset Backed Certificates” Certificate, Series 2002-CC." The Series 2002-CC Certificate shall constitute a "security" within the meaning of (i) Article 8 of the Uniform Commercial Code (including Section 8-102(a)(15) thereof) as in effect from time to time in the State of New York and (ii) the Uniform Commercial Code of any other applicable jurisdiction that presently or hereafter substantially includes the 1994 revisions to Article 8 thereof as adopted by the American Law Institute and the second National Conference of which shall be known as Commissioners on Uniform State Laws and approved by the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In additionAmerican Bar Association on February 14, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement1995.
(b) Series 20232002-4 CC shall be included in Group I One and shall be a Principal Sharing Series. Series 20232002-4 shall be an Excess Allocation Series. Series 2023-4 CC shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232002-4 CC shall be the October 2023 November 2002 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) This Supplement is the Series 2002-CC Supplement referred to in the Transfer and Administration Agreement, dated as of October 9, 2002, among Capital One Multi-asset Execution Trust, as issuer, the Transferor, as transferor, Capital One Bank, as administrator, and The Bank of New York, as indenture trustee.
(e) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest Series 2002-CC Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsintends and, and together with the Collateral Interest HolderSeries 2002-CC Certificateholder, agree agrees to treat the Collateral Interest Series 2002-CC Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trustthe "Series 1999-H Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 20231999-4.” H (the "Class A Certificates") and the Class B Floating Rate Asset Backed Certificates, Series 1999-H (the "Class B Certificates"). The Series 2023-4 Class A Certificates and the Class B Certificates shall be issued substantially in two Classesthe form of Exhibits A-1 and A-2 hereto, the first of which shall be known as the “Class A Series 2023-4 5.15% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of H (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 H shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 H shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express the "National City Credit Account Card Master Trust, Series 20232001-41.” " The Series 20232001-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2001-1" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-1.” " The Class A Certificates and the Class B Certificates shall be substantially in the form of EXHIBITS A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2001-1 (the "COLLATERAL INTEREST").
(b) Series 20232001-4 1 shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article ARTICLE VI and Article ARTICLE XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in clauses (a) and (c) of the definition of Tax Opinion in SECTION 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant Notwithstanding any provision in the Agreement or in this Supplement to Section 6.03(c) of the Agreementcontrary, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 first Distribution Date with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232001-41 shall be the March 2001 Distribution Date and the first Monthly Period shall be the period from the Closing Date until February 28, 2001.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (National City Credit Card Master Trust), Pooling and Servicing Agreement (National City Credit Card Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, the "Series 20231999-4G Certificates.” " The Series 2023-4 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the “Class A Series 2023-4 5.156.35% Asset Backed Certificates” , Series 1999-G (the "Class A Certificates") and the second of which shall be known as the “Class B Series 2023-4 5.466.60% Asset Backed Certificates.” , Series 1999-G (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20231999-4 for all purposes of G (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20231999-4 G shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 G shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 2 contracts
Samples: Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trustthe "Series 2000-B Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 20232000-4.” B (the "Class A Certificates") and the Class B Floating Rate Asset Backed Certificates, Series 2000-B (the "Class B Certificates"). The Series 2023-4 Class A Certificates and the Class B Certificates shall be issued substantially in two Classesthe form of Exhibits A-1 and A-2 hereto, the first of which shall be known as the “Class A Series 2023-4 5.15% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20232000-4 for all purposes of B (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20232000-4 B shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 B shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "AT&T Universal Card Master Trust, Series 20231997-41.” " The Series 20231997-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 20231997-4 5.15% 1 Floating Rate Asset Backed Certificates” " and the second of which shall be known as the “"Class B Series 20231997-4 5.46% 1 Floating Rate Asset Backed Certificates.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement (other than for purposes of the definition of the term “"Tax Opinion” " in Section 1.01 of the Agreement) and which shall be known as the "Collateral Interest, Series 1997-
1. The Collateral Interest shall be considered a Class of Series 20231997-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20231997-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 20231997-4 1 shall be an Excess Allocation Series. Series 20231997-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in 6 this Supplement to the contrary, the first Distribution Date with respect to Series 20231997-4 1 shall be the October 2023 June 1997 Distribution Date and the first Monthly Period shall begin on and include the Closing Date May 1, 1997 and end on and include September 30May 31, 20231997.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (At&t Universal Funding Corp)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20232003-4.” A." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 20232.40% Asset-4 5.15% Asset Backed Certificates” , Series 2003-A," and the second of which Class shall be known as the “"Class B Series 2023Floating Rate Asset-4 5.46% Asset Backed Certificates.” , Series 2003-A." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20232003-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. A." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 2003-A.
(b) Series 20232003-4 A shall be included in Group I and One. Series 2003-A shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20232003-4 shall be an Excess Allocation Series. Series 2023-4 A shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232003-4 A shall be the October 2023 April 2003 Distribution Date, and references herein to the Monthly Period relating to the April 2003 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include September 30, 2023of March 2003.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232007-45.” The Series 20232007-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232007-4 5.15% 5 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232007-4 5.46% 5 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232007-45” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232007-4 5 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232007-4 5 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232007-4 5 shall be an Excess Allocation Series. Series 20232007-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232007-4 5 shall be the October 2023 June 2007 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 25, 20232007.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232007-46.” The Series 20232007-4 6 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232007-4 5.15% 6 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232007-4 5.46% 6 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232007-46” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232007-4 6 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232007-4 6 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232007-4 6 shall be an Excess Allocation Series. Series 20232007-4 6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232007-4 6 shall be the October 2023 August 2007 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 24, 20232007.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trustthe "Series 2000-C Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 20232000-4.” C (the "Class A Certificates") and the Class B Floating Rate Asset Backed Certificates, Series 2000-C (the "Class B Certificates"). The Series 2023-4 Class A Certificates and the Class B Certificates shall be issued substantially in two Classesthe form of Exhibits A-1 and A-2 hereto, the first of which shall be known as the “Class A Series 2023-4 5.15% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20232000-4 for all purposes of C (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20232000-4 C shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 C shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trustthe "Series 2000-H Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 20232000-4.” H (the "Class A Certificates") and the Class B Floating Rate Asset Backed Certificates, Series 2000-H (the "Class B Certificates"). The Series 2023-4 Class A Certificates and the Class B Certificates shall be issued substantially in two Classesthe form of Exhibits A-1 and A-2 hereto, the first of which shall be known as the “Class A Series 2023-4 5.15% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 20232000-4 for all purposes of H (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The "Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementInterest").
(b) Series 20232000-4 H shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 H shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232012-42.” The Series 20232012-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232012-4 5.152 0.68% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232012-4 5.462 0.99% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232012-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232012-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232012-4 2 shall be included in Group I and shall be a Principal Sharing Series. Series 20232012-4 2 shall be an Excess Allocation Series. Series 20232012-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232012-4 2 shall be the October 2023 September 2012 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30August 25, 20232012.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232012-4 2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232012-42.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20232002-4.” C." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 20232.75% Asset-4 5.15% Asset Backed Certificates” , Series 2002-C," and the second of which Class shall be known as the “"Class B Series 2023Floating Rate Asset-4 5.46% Asset Backed Certificates.” , Series 2002-C." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20232002-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. C." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 2002-C.
(b) Series 20232002-4 C shall be included in Group I and One. Series 2002-C shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20232002-4 shall be an Excess Allocation Series. Series 2023-4 C shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232002-4 C shall be the October 2023 January 2003 Distribution Date, and references herein to the Monthly Period relating to the January 2003 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include September 30, 2023of December 2002.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232001-42.” " The Series 20232001-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2001-2" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-2.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement2."
(b) Series 20232001-4 2 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 2 shall be the October 2023 June 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232007-48.” The Series 20232007-4 8 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232007-4 5.15% 8 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232007-4 5.46% 8 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232007-48” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232007-4 8 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232007-4 8 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232007-4 8 shall be an Excess Allocation Series. Series 20232007-4 8 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232007-4 8 shall be the October 2023 November 2007 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30October 24, 20232007.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232008-43.” The Series 20232008-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232008-4 5.15% 3 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232008-4 5.46% 3 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232008-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232008-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232008-4 3 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232008-4 3 shall be an Excess Allocation Series. Series 20232008-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232008-4 3 shall be the October 2023 May 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30April 24, 20232008.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Providian Master Trust, Asset Backed Certificates, Series 20231997-43.” The " Series 20231997-4 Certificates 3 shall be issued in two Classesconsist of three Classes of Investor Certificates, the first of which shall be in certificated form and shall be known as the “"Providian Master Trust, Floating Rate Class A Series 2023Asset-4 5.15% Asset Backed Certificates” and , Series 1997-3" (the "Class A Certificates"), the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which certificated form and shall be known as "Providian Master Trust, Floating Rate Class B Asset Backed Certificates, Series 1997-3" (the “"Class B Certificates") and the third of which shall be in uncertificated form and shall be known as "Providian Master Trust, Collateral Interest, Series 20231997-4” and which 3" (the "Collateral Interest"). In connection with the issuance of the Collateral Interest, the Trustee is hereby directed to enter into the Collateral Agreement.
(b) Series 1997-3 shall be deemed included in Group One. Notwithstanding any other provision to the contrary in the Agreement or in this Supplement, the first Distribution Date with respect to Series 1997-3 shall be “the July 1997 Distribution Date.
(c) The Class A Certificates and the Class B Certificates are "Investor Certificates” " and the Class A Certificateholders and the Class B Certificateholders are "Investor Certificateholders" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the AgreementSupplement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of deemed to be an "Investor Certificate" and the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be an "Investor Certificateholder" for all purposes under the Agreement and this Supplement, except where expressly stated to the contrary. The Class A Certificates, the Class B Certificates and the Collateral Interest together shall constitute the "Certificateholders' Interest" with respect to Series Enhancer 1997-3 for all purposes under the Agreement and this Supplement.
(bd) Series 2023-4 shall be included in Group I and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 2023-4 shall not be subordinated to In the event that any other Series. Notwithstanding any term or provision contained herein or in the Collateral Agreement shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement to or the contraryCollateral Agreement, as the first Distribution Date with respect to Series 2023-4 case may be, shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023govern.
(ce) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates contained in Article VI and Article XII of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Providian National Bank)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232017-45.” The Series 20232017-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232017-4 5.15% 5 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232017-4 5.46% 5 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232017-45” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232017-4 5 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232017-4 5 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232017-4 5 shall be an Excess Allocation Series. Series 20232017-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232017-4 5 shall be the October 2023 August 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 31, 20232017.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for Table of Contents federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor Transferors may, from time to time, increase the amount of the Series 20232017-4 5 Certificates by issuing and selling additional Series 20232017-4 5 Certificates. Any additional Series 20232017-4 5 Certificates so issued shall be treated, for all purpose, like the Series 20232017-4 5 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 20232017-4 5 shall be a Repurchase Reporting Series. .
(f) Series 20232017-4 5 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232017-4 5 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232017-45.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232001-48.” " The Series 20232001-4 8 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.154.60% Asset Backed Certificates” , Series 2001-8" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-8.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement8."
(b) Series 20232001-4 8 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 8 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 8 shall be the October 2023 December 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232008-49.” The Series 20232008-4 9 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232008-4 5.15% 9 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232008-4 5.46% 9 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232008-49” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232008-4 9 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232008-4 9 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232008-4 9 shall be an Excess Allocation Series. Series 20232008-4 9 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232008-4 9 shall be the October 2023 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 3024, 20232008.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20232001-4.” A." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 2023Floating Rate Asset-4 5.15% Asset Backed Certificates” , Series 2001-A," and the second of which Class shall be known as the “"Class B Series 2023Floating Rate Asset-4 5.46% Asset Backed Certificates.” , Series 2001-A." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. A." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 2001-A.
(b) Series 20232001-4 A shall be included in Group I and One. Series 2001-A shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 A shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 A shall be the October 2023 April 2001 Distribution Date, and references herein to the Monthly Period relating to the April 2001 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include September 30, 2023of March 2001.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. 6
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor Seller intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Providian Master Trust, Asset Backed Certificates, Series 20231997-42.” The " Series 20231997-4 Certificates 2 shall be issued in two Classesconsist of three Classes of Investor Certificates, the first of which shall be in certificated form and shall be known as the “"Providian Master Trust, Floating Rate Class A Series 2023Asset-4 5.15% Asset Backed Certificates” and , Series 1997-2" (the "Class A Certificates"), the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which certificated form and shall be known as "Providian Master Trust, Floating Rate Class B Asset Backed Certificates, Series 1997-2" (the “"Class B Certificates") and the third of which shall be in uncertificated form and shall be known as "Providian Master Trust, Collateral Interest, Series 20231997-4” and which 2" (the "Collateral Interest"). In connection with the issuance of the Collateral Interest, the Trustee is hereby directed to enter into the Collateral Agreement.
(b) Series 1997-2 shall be deemed included in Group One. Notwithstanding any other provision to the contrary in the Agreement or in this Supplement, the first Distribution Date with respect to Series 1997-2 shall be “the April 1997 Distribution Date.
(c) The Class A Certificates and the Class B Certificates are "Investor Certificates” " and the Class A Certificateholders and the Class B Certificateholders are "Investor Certificateholders" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the AgreementSupplement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of deemed to be an "Investor Certificate" and the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be an "Investor Certificateholder" for all purposes under the Agreement and this Supplement, except where expressly stated to the contrary. The Class A Certificates, the Class B Certificates and the Collateral Interest together shall constitute the "Certificateholders' Interest" with respect to Series Enhancer 1997-2 for all purposes under the Agreement and this Supplement.
(bd) Series 2023-4 shall be included in Group I and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 2023-4 shall not be subordinated to In the event that any other Series. Notwithstanding any term or provision contained herein or in the Collateral Agreement shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement to or the contraryCollateral Agreement, as the first Distribution Date with respect to Series 2023-4 case may be, shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023govern.
(ce) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates contained in Article VI and Article XII of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Providian National Bank)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232000-45.” " The Series 20232000-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2000-5" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2000-5.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232000-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement5."
(b) Series 20232000-4 5 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232000-4 5 shall be the October 2023 December 2000 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in
Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232001-43.” " The Series 20232001-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.155.45% Asset Backed Certificates” , Series 2001-3" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-3.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement3."
(b) Series 20232 001-4 3 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 3 shall be the October 2023 June 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement Supplement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232012-4.” The Series 20232012-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232012-4 5.15% Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232012-4 5.46% Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232012-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232012-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232012-4 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232012-4 shall be an Excess Allocation Series. Series 20232012-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232012-4 shall be the October 2023 December 2012 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30November 24, 20232012.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232012-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232012-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Capital One Master Trust, Series 20232001-45.” The Series 20232001-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 2023-4 5.155.30% Asset Backed Certificates, Series 2001-5” and the second of which shall be known as the “Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-5.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which, except as expressly provided herein, shall be deemed to be “Investor Certificates” (and the Collateral Interest Holder shall be deemed to be an “Investor Certificateholder”) for all purposes under the Agreement and this Supplement and which shall be known as the “Collateral Interest, Series 20232001-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement5.”
(b) Series 20232001-4 5 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 5 shall be the October 2023 September 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an “Investor Certificate” shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of “Tax Opinion” in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232012-43.” The Series 20232012-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232012-4 5.15% 3 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232012-4 5.46% 3 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232012-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232012-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232012-4 3 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232012-4 3 shall be an Excess Allocation Series. Series 20232012-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232012-4 3 shall be the October 2023 September 2012 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30August 25, 20232012.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232012-4 3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 20232012-4.3
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20231998-4.” ". The Series 20231998-4 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.155.43% Asset Backed Certificates” , Series 1998-4" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 1998-4.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Series Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a known as the "Class of C Floating Rate Asset Backed Interests, Series 20231998-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement4."
(b) Series 20231998-4 shall be included in Group I One and shall be a Principal Sharing Series and a Subordinated Excess Principal Series. Series 2023-4 shall be an Excess Allocation Series. Series 20231998-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20231998-4 shall be the October 2023 December 1998 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Class C Interest Holders, as holders of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) Class C Interests. The Class C Interests shall be deemed to arise upon the provisions of Section 3.07 payment of the Agreement shall not cause amounts due on the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject Closing Date pursuant to the terms of the Agreement and this SupplementLoan Agreement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20232000-4.” C." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 2023-4 5.157.02% Asset Backed Certificates” , Series 2000-C," and the second of which Class shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates.” , Series 2000-C." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20232000-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. C." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 2000-C.
(b) Series 20232000-4 C shall be included in Group I and One. Series 2000-C shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 C shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232000-4 C shall be the October 2023 2000 Distribution Date, and references herein to the Monthly Period relating to the October 2000 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include of September 30, 20232000.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. 6
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor Seller intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express the "National City Credit Account Card Master Trust, Series 2023-42000-__.” " The Series 2023-4 2000-__ Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2000-__" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2000-__.” " The Class A Certificates and the Class B Certificates shall be substantially in the form of EXHIBITS A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interests interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an "Investor Certificates” Certificate" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest Series Supplement, except as expressly provided herein, and which shall be considered a Class of known as the Collateral Interest, Series 2023-4 for all purposes of 2000-_ (the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement"COLLATERAL INTEREST").
(b) Series 2023-4 2000-__ shall be included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 2023-4 shall be an Excess Allocation Series. Series 2023-4 2000-__ shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article ARTICLE VI and Article ARTICLE XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in SECTION 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant Notwithstanding any provision in the Agreement or in this Supplement to Section 6.03(c) of the Agreementcontrary, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 first Distribution Date with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-42000-__ shall be the __________ 2000 Distribution Date and the first Monthly Period shall be the period from the Closing Date until __________ __, 2000.
Appears in 1 contract
Samples: Series Supplement (National City Credit Card Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20232000-4.” D." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 2023Floating Rate Asset-4 5.15% Asset Backed Certificates” , Series 2000-D," and the second of which Class shall be known as the “"Class B Series 2023Floating Rate Asset-4 5.46% Asset Backed Certificates.” , Series 2000-D." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20232000-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. D." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 2000-D.
(b) Series 20232000-4 D shall be included in Group I and One. Series 2000-D shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 D shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232000-4 D shall be the October 2023 January 2001 Distribution Date, and references herein to the Monthly Period relating to the January 2001 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include September 30, 2023of December 2000.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor Seller intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232014-45.” The Series 20232014-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232014-4 5.15% 5 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232014-4 5.46% 5 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232014-45” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232014-4 5 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232014-4 5 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232014-4 5 shall be an Excess Allocation Series. Series 20232014-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232014-4 5 shall be the October 2023 December 2014 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30November 24, 20232014.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232014-41.” The Series 20232014-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232014-4 5.15% 1 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232014-4 5.46% 1 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232014-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232014-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232014-4 1 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232014-4 1 shall be an Excess Allocation Series. Series 20232014-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232014-4 1 shall be the October 2023 June 2014 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 25, 20232014.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232014-4 1 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232014-41.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232013-41.” The Series 20232013-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232013-4 5.15% 1 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232013-4 5.46% 1 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232013-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232013-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232013-4 1 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232013-4 1 shall be an Excess Allocation Series. Series 20232013-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232013-4 1 shall be the October 2023 August 2013 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 25, 20232013.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232013-4 1 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232013-41.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Providian Master Trust, Asset Backed Certificates, Series 20231997-41.” The " Series 20231997-4 Certificates 1 shall be issued in two Classesconsist of three Classes of Investor Certificates, the first of which shall be in certificated form and shall be known as the “"Providian Master Trust, Floating Rate Class A Series 2023Asset-4 5.15% Asset Backed Certificates” and , Series 1997-1" (the "Class A Certificates"), the second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which certificated form and shall be known as "Providian Master Trust, Floating Rate Class B Asset Backed Certificates, Series 1997-1" (the “"Class B Certificates") and the third of which shall be in uncertificated form and shall be known as "Providian Master Trust, Collateral Interest, Series 20231997-4” and which 1" (the "Collateral Interest"). In connection with the issuance of the Collateral Interest, the Trustee is hereby directed to enter into the Collateral Agreement.
(b) Series 1997-1 shall be deemed included in Group One. Notwithstanding any other provision to the contrary in the Agreement or in this Supplement, the first Distribution Date with respect to Series 1997-1 shall be “the April 1997 Distribution Date.
(c) The Class A Certificates and the Class B Certificates are "Investor Certificates” " and the Class A Certificateholders and the Class B Certificateholders are "Investor Certificateholders" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the AgreementSupplement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of deemed to be an "Investor Certificate" and the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be an "Investor Certificateholder" for all purposes under the Agreement and this Supplement, except where expressly stated to the contrary. The Class A Certificates, the Class B Certificates and the Collateral Interest together shall constitute the "Certificateholders' Interest" with respect to Series Enhancer 1997-1 for all purposes under the Agreement and this Supplement.
(bd) Series 2023-4 shall be included in Group I and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 2023-4 shall not be subordinated to In the event that any other Series. Notwithstanding any term or provision contained herein or in the Collateral Agreement shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement to or the contraryCollateral Agreement, as the first Distribution Date with respect to Series 2023-4 case may be, shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023govern.
(ce) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates contained in Article VI and Article XII of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Supplement (Providian National Bank)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232008-4.” The Series 20232008-4 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232008-4 5.15% Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232008-4 5.46% Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232008-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232008-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232008-4 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232008-4 shall be an Excess Allocation Series. Series 20232008-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232008-4 shall be the October 2023 May 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30April 24, 20232008.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232002-4.” " The Series 20232002-4 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.154.90% Asset Backed Certificates” , Series 2002-4" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2002-4.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232002-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement4."
(b) Series 20232002-4 shall be included in Group I One and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 20232002-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232002-4 shall be the October 2023 July 2002 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “"American Express Credit Account Master Trust, Series 20232005-41.” " The Series 20232005-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 20232005-4 5.15% 1 Floating Rate Asset Backed Certificates” " and the second of which shall be known as the “"Class B Series 20232005-4 5.46% 1 Floating Rate Asset Backed Certificates.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “"Collateral Interest, Series 20232005-4” 1" and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “"Tax Opinion” " in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232005-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232005-4 1 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232005-4 1 shall be an Excess Allocation Series. Series 20232005-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232005-4 1 shall be the October 2023 April 2005 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30March 27, 20232005.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20231999-4.” 1". The Series 20231999-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 1999-1" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 1999-1.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Series Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20231999-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement1."
(b) Series 20231999-4 1 shall be included in Group I One and shall be a Principal Sharing Series. Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20231999-4 1 shall be the October 2023 June 1999 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral InterestInterest , and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement Supplement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232001-46.” " The Series 20232001-4 6 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2001-6" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-6.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement6."
(b) Series 20232001-4 6 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 6 shall be the October 2023 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20231999-4.” 2". The Series 20231999-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 1999-2" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 1999-2.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Series Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20231999-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement2."
(b) Series 20231999-4 2 shall be included in Group I One and shall be a Principal Sharing Series. Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20231999-4 2 shall be the October 2023 July 1999 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in
Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232014-42.” The Series 20232014-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232014-4 5.152 1.26% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232014-4 5.462 1.42% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232014-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232014-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232014-4 2 shall be included in Group I and shall be a Principal Sharing Series. Series 20232014-4 2 shall be an Excess Allocation Series. Series 20232014-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232014-4 2 shall be the October 2023 August 2014 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30July 25, 20232014.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232014-4 2 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232014-42.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20231999-4.” C." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 2023-4 5.156.90% Asset Backed Certificates” , Series 1999-C," and the second of which Class shall be known as the “"Class B Series 2023-4 5.467.20% Asset Backed Certificates.” , Series 1999-C." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20231999-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. C." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 1999-C.
(b) Series 20231999-4 C shall be included in Group I and One. Series 1999-C shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20231999-4 shall be an Excess Allocation Series. Series 2023-4 C shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20231999-4 C shall be the October 2023 December 15, 1999 Distribution Date, and references herein to the Monthly Period relating to the December 15, 1999 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include September 30, 2023of November 1999.
(cd) Except The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor Seller intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232011-42.” The Series 20232011-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232011-4 5.15% 2 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232011-4 5.46% 2 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232011-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232011-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232011-4 2 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232011-4 2 shall be an Excess Allocation Series. Series 20232011-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232011-4 2 shall be the October 2023 December 2011 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30November 24, 20232011.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 2023-41.” The Series 2023-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 2023-4 5.151 4.87% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 2023-4 5.461 5.12% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 2023-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 2023-4 1 shall be included in Group I and shall be a Principal Sharing Series. Series 2023-4 1 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 1 shall be the October July 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September June 30, 2023.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 1 Certificates by issuing and selling additional Series 2023-4 1 Certificates. Any additional Series 2023-4 1 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 1 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 1 shall be a Repurchase Reporting Series. .
(f) Series 2023-4 1 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 1 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-41.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232013-43.” The Series 20232013-4 3 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232013-4 5.153 0.98% Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232013-4 5.463 1.28% Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232013-43” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232013-4 3 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232013-4 3 shall be included in Group I and shall be a Principal Sharing Series. Series 20232013-4 3 shall be an Excess Allocation Series. Series 20232013-4 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232013-4 3 shall be the October 2023 December 2013 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30November 24, 20232013.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232013-4 3 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232013-43.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby The Series created a pursuant to the Original Series 2001-D Supplement consists of an Investor Certificates to be Certificate issued pursuant to the Agreement and this the Original Series 2001-D Supplement to be known as “American Express Credit Account Master Trust, Series 2023-4.” The Series 2023-4 Certificates shall be issued in two Classes, the first of which shall be and known as the “"Series 2001-D Certificate." Such Investor Certificate has been issued in one Class A Series 2023-4 5.15% and is designated the Asset Backed Certificates” and Certificate, Series 2001-D (the second "Series 2001-D Certificate"). The Series 2001-D Certificate has been issued as one definitive certificate substantially in the form of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates.” Exhibit A hereto. In addition, there is hereby created a third Class of uncertificated interests second Class, an undivided interest in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be “an Investor Certificates” Certificate for all purposes under the Agreement and this Supplement other than for purposes of Series Supplement, which shall be known as the definition of Class D Certificate, Series 2001-D (the term “Tax Opinion” in Section 1.01 of the Agreement"Class D Certificate"). The Collateral Interest Class D Certificate shall be considered a Class been issued as one definitive certificate substantially in the form of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this SupplementExhibit A-1 hereto.
(b) Series 20232001-4 shall be D is included in Group I and shall be a Principal Sharing SeriesOne (as defined below). Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 shall D is not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement do not be applicable apply to the Collateral InterestSeries 2001-D Certificate, and (ii) the provisions of Section 3.07 of the Agreement shall do not apply to cause the Collateral Interest Series 2001-D Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsintends and, and together with the Collateral Interest HolderSeries 2001-D Certificateholders, agree agrees to treat the Collateral Interest Series 2001-D Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) The Class D Certificateholder, as holder of an Investor Certificate under the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject entitled to the terms benefits of the Agreement and this Series Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in Section 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Class D Certificate, and (ii) the provisions of Section 3.07 of the Agreement do not apply to cause the Class D Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor, as the Class D Certificateholder, intends and agrees to treat the Class D Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(e) This Series 2023Supplement is the Series 2001-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with D Supplement referred to in the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) Third Amended and Restated Trust Agreement of the AgreementBA Credit Card Trust, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4dated as of October 20, 2006, among Funding, as beneficiary, and Wilmington Trust Company, as owner trustee.
Appears in 1 contract
Samples: Series 2001 D Supplement (BA Credit Card Funding, LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232010-41.” The Series 20232010-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232010-4 5.15% 1 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232010-4 5.46% 1 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232010-41” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232010-4 1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232010-4 1 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232010-4 1 shall be an Excess Allocation Series. Series 20232010-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232010-4 1 shall be the October 2023 June 2010 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30May 25, 20232010.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Capital One Master Trust, Series 20232001-41.” The Series 20232001-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates, Series 2001-1” and the second of which shall be known as the “Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-1.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which, except as expressly provided herein, shall be deemed to be “Investor Certificates” (and the Collateral Interest Holder shall be deemed to be an “Investor Certificateholder”) for all purposes under the Agreement and this Supplement and which shall be known as the “Collateral Interest, Series 20232001-4” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement1.”
(b) Series 20232001-4 1 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 1 shall be the October 2023 March 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an “Investor Certificate” shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of “Tax Opinion” in
Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232008-45.” The Series 20232008-4 5 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232008-4 5.15% 5 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232008-4 5.46% 5 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232008-45” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232008-4 5 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232008-4 5 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232008-4 5 shall be an Excess Allocation Series. Series 20232008-4 5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232008-4 5 shall be the October 2023 July 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30June 24, 20232008.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232013-42.” The Series 20232013-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232013-4 5.15% 2 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232013-4 5.46% 2 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232013-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232013-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232013-4 2 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232013-4 2 shall be an Excess Allocation Series. Series 20232013-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232013-4 2 shall be the October 2023 December 2013 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30November 24, 20232013.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20232013-4 2 with respect to any Rating Agency (other than Standard & PoorMoody’s) then rating Series 20232013-42.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express "Fleet Credit Account Card Master TrustTrust II, Series 20232001-4.” B." The Series 2023-4 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the “"Class A Series 20235.60% Asset-4 5.15% Asset Backed Certificates” , Series 2001-B," and the second of which Class shall be known as the “"Class B Series 20235.90% Asset-4 5.46% Asset Backed Certificates.” , Series 2001-B." In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and shall be considered a Class of in uncertificated form and which shall be known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. B." The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.Series 2001-B.
(b) Series 20232001-4 B shall be included in Group I and One. Series 2001-B shall be a Principal Sharing SeriesSeries with respect to Group One only. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 B shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 B shall be the October 2023 August 2001 Distribution Date, and references herein to the Monthly Period relating to the August 2001 Distribution Date and shall mean the first Monthly Period shall begin on and include period from the Closing Date and through the end on and include September 30, 2023of July 2001.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor Seller intends, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232000-4.” 1". The Series 20232000-4 1 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.157.10% Asset Backed Certificates” , Series 2000-1" and the second of which shall be known as the “"Class B Series 2023-4 5.467.30% Asset Backed Certificates, Series 2000-1.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Series Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232000-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement1."
(b) Series 20232000-4 1 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232000-4 shall be an Excess Allocation Series. Series 2023-4 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232000-4 1 shall be the October 2023 April 2000 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in
Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSeller intends and, and together with the Collateral Interest Holder, agree agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232001-47.” " The Series 20232001-4 7 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.153.85% Asset Backed Certificates” , Series 2001-7" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-7.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement7."
(b) Series 20232001-4 7 shall be included in Group I One and shall be a Principal Sharing Series. Series 20232001-4 shall be an Excess Allocation Series. Series 2023-4 7 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 7 shall be the October 2023 November 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account "Capital One Master Trust, Series 20232001-4.” " The Series 20232001-4 Certificates shall be issued in two Classes, the first of which shall be known as the “"Class A Series 2023-4 5.15% Floating Rate Asset Backed Certificates” , Series 2001-4" and the second of which shall be known as the “"Class B Series 2023-4 5.46% Floating Rate Asset Backed Certificates, Series 2001-4.” " In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known which, except as the “Collateral Interestexpressly provided herein, Series 2023-4” and which shall be deemed to be “"Investor Certificates” " (and the Collateral Interest Holder shall be deemed to be an "Investor Certificateholder") for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest and which shall be considered a Class of known as the "Collateral Interest, Series 20232001-4 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement4."
(b) Series 20232001-4 shall be included in Group I One and shall be a Principal Sharing Series. Series 2023-4 shall be an Excess Allocation Series. Series 20232001-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232001-4 shall be the October 2023 August 2001 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023Date.
(c) Except In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern.
(d) The Collateral Interest Holder, as holder of an "Investor Certificate" shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and clauses (a) and (c) of the definition of "Tax Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsSellers intend and, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as “American Express Credit Account Master Trust, Series 20232008-42.” The Series 20232008-4 2 Certificates shall be issued in two Classes, the first of which shall be known as the “Class A Series 20232008-4 5.15% 2 Floating Rate Asset Backed Certificates” and the second of which shall be known as the “Class B Series 20232008-4 5.46% 2 Floating Rate Asset Backed Certificates.” In addition, there is hereby created a third Class of uncertificated interests in the Trust which shall be known as the “Collateral Interest, Series 20232008-42” and which shall be deemed to be “Investor Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20232008-4 2 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
(b) Series 20232008-4 2 shall be included in Group I II and shall be a Principal Sharing Series. Series 20232008-4 2 shall be an Excess Allocation Series. Series 20232008-4 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20232008-4 2 shall be the October 2023 March 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30February 24, 20232008.
(c) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intendsTransferors intend, and together with the Collateral Interest Holder, agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.
(d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement.
(e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series.
(g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Credit Account Master Trust)