Common use of ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS Clause in Contracts

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Series [insert Series designation] --Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The Spread Accounts established under this Agreement may be maintained at one or more depository institutions (which depository institutions may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series Supplement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFL, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 2 contracts

Samples: Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Arcadia Financial LTD)

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ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account -- Series [insert Series designation] --Norwest -- Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series SupplementAgreement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust or Issuer and amounts on deposit therein will not constitute a part of the Trust Property of any TrustTrust or the assets of any Issuer. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFL, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 2 contracts

Samples: Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Olympic Financial LTD)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Series [insert Series designation] --Norwest designation]—Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The Spread Accounts established under this Agreement may be maintained at one or more depository institutions (which depository institutions may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series Supplement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFLArcadia Financial, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Spread Account Agreement (Arcadia Financial LTD)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Series [insert Series designation] --Norwest designation]--Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The Spread Accounts established under this Agreement may be maintained at one or more depository institutions (which depository institutions may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series Supplement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFL, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Spread Account Agreement (Arcadia Financial LTD)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account - Series [insert Series designation] --Norwest - Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (each, a "Spread Account", and, with respect to the Series 1994-1 Certificates, the "Series 1994-1 Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series SupplementAgreement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust or from CPS on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFLCPS, the Servicer or the Trust or the Issuer, as the case may beTrust. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Master Spread Account Agreement (Consumer Portfolio Services Inc)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a SeriesSeries 1996-1, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account National Auto Finance Series [insert Series designation] --Norwest Bank Minnesota, National Association1996-1 Trust - Xxxxxx Trust and Savings Bank, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account", and, with respect to the Series 1996-1 Certificates, the "Series 1996-1 Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account maintained or established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series SupplementAgreement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller Transferor into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust Trust, and amounts on deposit therein will not constitute a part of the Trust Property Estate of any Trust. Except as specifically provided herein, each Each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFLTransferor, the Servicer or the Trust or the Issuer, as the case may beTrust. All income or loss on investments of funds in any Spread Account shall be reported by the Seller applicable Reversionary Holder as taxable income or loss of the Sellersuch Reversionary Holder.

Appears in 1 contract

Samples: Master Spread Account Agreement (National Auto Finance Co Inc)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a SeriesSeries 1998-1, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Deposit Account, designated, "Spread Account--Account - National Auto Finance Series [insert Series designation] --Norwest Bank Minnesota, National Association1998-1 Trust - Harris Trust and Savings Bank, as Collateral Agent for Financial Security Xxxxxity Assurance Inc. and another Secured Party" (the "Spread Account", and, with respect to the Series 1998, the "Series 1998- 1 Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account maintained or established with respect to a Series ceases to be an Eligible Deposit Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Deposit Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series SupplementAgreement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller Transferor into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust Trust, and amounts on deposit therein will not constitute a part of the Trust Property Estate of any Trust. Except as specifically provided herein, each Each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFLTransferor, the Servicer or the Trust or the Issuer, as the case may beTrust. All income or loss on investments of funds in any Spread Account shall be reported by the Seller applicable Reversionary Holders as taxable income or loss of the Sellersuch Reversionary Holders.

Appears in 1 contract

Samples: Master Spread Account Agreement (National Auto Finance Co Inc)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Series [insert Series designation] --Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The Spread Accounts established under this Agreement may be maintained at one or more depository institutions (which depository institutions may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series Supplement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFLArcadia Financial, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Spread Account Agreement (Arcadia Financial LTD)

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ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account -- Series [insert Series designation] --Norwest -- Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series Supplement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFL, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Spread Account Agreement (Olympic Financial LTD)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a SeriesSeries 1995-1, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account - National Auto Finance Series [insert Series designation] --Norwest Bank Minnesota, National Association1995-1 Trust - Xxxxxx Trust and Savings Bank, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account", and, with respect to the Series 1995-1 Certificates, the "Series 1995-1 Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account or established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series SupplementAgreement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller Transferor into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property Estate of any Trust. Except as specifically provided herein, each Each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFLTransferor, the Master Servicer or the Trust or the Issuer, as the case may beTrust. All income or loss on investments of funds in any Spread Account shall be reported by the Seller Transferor as taxable income or loss of the SellerTransferor.

Appears in 1 contract

Samples: Master Spread Account Agreement (National Auto Finance Co Inc)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account -- Series [insert Series designation] --Norwest -- Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security 16 Assurance Inc. and another Secured Party" (the "Spread Account"). The All Spread Accounts established under this Agreement may from time to time shall be maintained at one or more the same depository institutions institution (which depository institutions institution may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series SupplementAgreement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust or Issuer and amounts on deposit therein will not constitute a part of the Trust Property of any TrustTrust or the assets of any Issuer. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFL, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Spread Account Agreement (Olympic Financial LTD)

ESTABLISHMENT OF SPREAD ACCOUNTS; INITIAL DEPOSITS INTO SPREAD ACCOUNTS. (a) On or prior to the Closing Date relating to a Series, the Collateral Agent shall establish with respect to such Series, at its office or at another depository institution or trust company an Eligible Account, designated, "Spread Account--Account -- Series [insert Series designation] --Norwest -- Norwest Bank Minnesota, National Association, as Collateral Agent for Financial Security Assurance Inc. and another Secured Party" (the "Spread Account"). The Spread Accounts established under this Agreement may be maintained at one or more depository institutions (which depository institutions may be changed from time to time in accordance with this Agreement). If any Spread Account established with respect to a Series ceases to be an Eligible Account, the Collateral Agent shall, within five Business Days, establish a new Eligible Account for such Series. (b) No withdrawals may be made of funds in any Spread Account except as provided in Section 3.03 of this Agreement and in the Warehousing Series Supplement. Except as specifically provided in this Agreement, funds in a Spread Account established with respect to a Series shall not be commingled with funds in a Spread Account established with respect to another Series or with any other moneys. All moneys deposited from time to time in such Spread Account and all investments made with such moneys shall be held by the Collateral Agent as part of the Collateral with respect to such Series. (c) On the Closing Date with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Initial Spread Account Deposit with respect to such Series, if any, received from the Seller into the related Spread Account. On each Subsequent Transfer Date (if any) with respect to a Series (other than the Warehousing Series), the Collateral Agent shall deposit the Spread Account Additional Deposit delivered by the related Trust on behalf of the Seller into the related Spread Account. (d) Each Spread Account shall be separate from each respective Trust and amounts on deposit therein will not constitute a part of the Trust Property of any Trust. Except as specifically provided herein, each Spread Account shall be maintained by the Collateral Agent at all times separate and apart from any other account of the Seller, OFL, the Servicer or the Trust or the Issuer, as the case may be. All income or loss on investments of funds in any Spread Account shall be reported by the Seller as taxable income or loss of the Seller.

Appears in 1 contract

Samples: Spread Account Agreement (Arcadia Financial LTD)

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