Common use of Establishment of the Accounts Clause in Contracts

Establishment of the Accounts. (a) Establishment of the Collection Account and Reserve Account. The Administrator shall cause to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent for the Secured Parties, with an office or branch of a depository institution or trust company (i) a segregated corporate trust account entitled "Collection Account for WCM, as agent for the Secured Parties" (the "Collection Account") and (ii) a segregated corporate trust account entitled "Reserve Account for WCM, as agent for the Secured Parties" (the "Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator nor the Borrower shall have any right of withdrawal; provided, however, that at all times such depository institution or trust company shall be a depository institution organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x or (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better by S&P or P-1 or better by Xxxxx'x, (B) the parent corporation which has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x or (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better by S&P and P-1 or better by Xxxxx'x or (C) is otherwise acceptable to the Deal Agent and (ii) whose deposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution").

Appears in 1 contract

Samples: Certificate Funding Agreement (Credit Acceptance Corporation)

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Establishment of the Accounts. (a) Establishment of the Collection Account and Reserve Account. The Administrator Servicer shall cause to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent for the Secured Parties, with an office or branch of a depository institution or trust company (i) a segregated corporate trust account entitled "Collection Account for WCM, as agent for the Secured Parties" (the "Collection Account") and (ii) a segregated corporate trust account entitled "Reserve Account for WCM, " as agent for the Secured Parties" Parties (the "Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator Originator, the Servicer nor the Borrower shall have any right of withdrawal; provided, however, that at all times such depository institution or trust company shall be a depository institution organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Moody's or (2) a short-term unsecured debt rating or certificate of deposit xxxxxxt rating of A-1 or better by S&P or P-1 or better by Xxxxx'xMoody's, (B) the parent corporation which has either (1) a long-term unsecured terx xxxxxured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Moody's or (2) a short-term unsecured debt rating or certificate of deposit xxxxxxt rating of A-1 or better by S&P and P-1 or better by Xxxxx'x Moody's or (C) is otherwise acceptable to the Deal Agent and (ii) whose deposits wxxxx xxposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution").

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corporation)

Establishment of the Accounts. (a) Establishment of the Collection Account, Principal Collection Account and Reserve Account. The Administrator Servicer shall cause to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent for the Secured Parties, with an office or branch of a depository institution or trust company (i) a segregated corporate trust account entitled "Collection Account for WCMXxxxx Fargo Bank, National Association, as agent for the Secured Parties" (the "Collection Account") and ”); (ii) a segregated corporate trust account entitled "Reserve “Principal Collection Account for WCMXxxxx Fargo Bank, National Association, as agent for the Secured Parties" (the "“Principal Collection Account”) and (iii) a segregated corporate trust account entitled “Reserve Account for Xxxxx Fargo Bank, National Association” as agent for the Secured Parties (the “Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator Originator, the Servicer nor the Borrower shall have any right of withdrawal; provided, however, that at all times such depository institution or trust company shall be a depository institution or trust company organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Xxxxx’x or (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better by S&P or P-1 or better by Xxxxx'xXxxxx’x, (B) the parent corporation which has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Xxxxx’x or (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better by S&P and P-1 or better by Xxxxx'x Xxxxx’x or (C) that is otherwise acceptable to 21894287.12 the Deal Agent and (ii) whose deposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution").

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Establishment of the Accounts. (a) Establishment of the Collection Account, Principal Collection Account and Reserve Account. The Administrator shall cause On or prior to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent Agent, for the benefit of the Secured Parties, with an office or branch of a depository institution or trust company shall establish and maintain in its own name (i) a segregated corporate trust account entitled "Collection Account for WCMComputershare Trust Company, N.A., as agent for the Secured Parties" (the "Collection Account") and ”); (ii) a segregated corporate trust account entitled "Reserve “Principal Collection Account for WCMComputershare Trust Company, N.A., as agent for the Secured Parties" (the "“Principal Collection Account”) and (iii) a segregated trust account entitled “Reserve Account for Computershare Trust Company, N.A., as agent for the Secured Parties” (the “Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator Originator, the Servicer nor the Borrower shall have any right of withdrawal; provided, however, that at all times such the depository institution or trust company at which such accounts are established shall be a depository institution or trust company organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better at least “BBB” by S&P and Aa3 or better investment grade by Xxxxx'x Xxxxx’x or (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better at least investment grade by S&P or P-1 or better by Xxxxx'xand Xxxxx’x, (B) the parent corporation of which has either (1) a long-term unsecured debt rating of AA- or better at least “BBB” by S&P and Aa3 or better investment grade by Xxxxx'x Xxxxx’x or (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better at least “A-2” by S&P and P-1 or better investment grade by Xxxxx'x Xxxxx’x or (C) that is otherwise acceptable to the Deal Agent and (ii) whose deposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution"). The Collateral Agent shall initially establish the Collection Account, the Principal Collection Account and the Reserve Account at Xxxxx Fargo Bank, National Association. Upon a Responsible Officer of the Collateral Agent having obtained actual knowledge or having received written notice that the depository institution or trust company at which any Trust Account has been established is no longer a Qualified Institution, then the Collateral Agent shall notify the Servicer of such failure within five (5) Business Days thereof, and the Servicer shall, with the Collateral Agent’s assistance as necessary, cause such Trust Account to be moved within ninety (90) days of notifying the Servicer to a Qualified Institution.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Establishment of the Accounts. (a) Establishment of the Collection Account, Principal Collection Account and Reserve Account. The Administrator Servicer shall cause to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent for the Secured Parties, with an office or branch of a depository institution or trust company (i) a segregated corporate trust account entitled "Collection Account for WCMWellx Xxxgo Bank, National Association, as agent for the Secured Parties" (the "Collection Account") and ”); (ii) a segregated corporate trust account entitled "Reserve “Principal Collection Account for WCMWellx Xxxgo Bank, National Association, as agent for the Secured Parties" (the "“Principal Collection Account”) and (iii) a segregated corporate trust account entitled “Reserve Account for Wellx Xxxgo Bank, National Association” as agent for the Secured Parties (the “Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator Originator, the Servicer nor the Borrower shall have any right of withdrawal; provided, however, that at all times such depository institution or trust company shall be a depository institution or trust company organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better at least investment grade by S&P and Aa3 or better by Xxxxx'x or Moodx’x xx (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better at least investment grade by S&P or P-1 or better by Xxxxx'xand Moodx’x, (BX) the parent corporation which has either (1) a long-term unsecured debt rating of AA- or better at least investment grade by S&P and Aa3 or better by Xxxxx'x or Moodx’x xx (2) a short-term unsecured debt rating or certificate of deposit rating of A-1 or better at least investment grade by S&P and P-1 or better by Xxxxx'x or Moodx’x xx (C) that is otherwise acceptable to the Deal Agent and (ii) whose deposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution").

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

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Establishment of the Accounts. (a) Establishment of the Collection Account and Reserve Account. The Administrator Servicer shall cause to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent for the Secured Parties, with an office or branch of a depository institution or trust company (i) a segregated corporate trust account entitled "Collection Account for WCMWSI, as agent for the Secured Parties" (the "Collection Account") and (ii) a segregated corporate trust account entitled "Reserve Account for WCM, WSI" as agent for the Secured Parties" Parties (the "Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator Originator, the Servicer nor the Borrower shall have any right of withdrawal; provided, however, that at all times such depository institution or trust company shall be a depository institution organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Moody's or (2) a short-term unsecured debt rating or certificate of deposit xx xxxxsit rating of A-1 or better by S&P or P-1 or better by Xxxxx'xMoody's, (B) the parent corporation which has either (1) a long-term unsecured txxx xxxecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Moody's or (2) a short-term unsecured debt rating or certificate of deposit xx xxxxsit rating of A-1 or better by S&P and P-1 or better by Xxxxx'x Moody's or (C) is otherwise acceptable to the Deal Agent and (ii) whose xxxxx deposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution").

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corporation)

Establishment of the Accounts. (a) Establishment of the Collection Account and Reserve Account. The Administrator Servicer shall cause to be established, on or before the Closing Date, and maintained in the name of the Collateral Agent as agent for the Secured Parties, with an office or branch of a depository institution or trust company (i) a segregated corporate trust account entitled "Collection Account for WCM, as agent for the Secured Parties" (the "Collection Account") and (ii) a segregated corporate trust account entitled "Reserve Account for WCM, " as agent for the Secured Parties" Parties (the "Reserve Account"), in each case, over which the Collateral Agent as agent for the Secured Parties shall have sole dominion and control and from which neither the Administrator Originator, the Servicer nor the Borrower shall have any right of withdrawal; provided, however, that at all times such depository institution or trust company shall be a depository institution organized under the laws of the United States of America or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank), (i) (A) that has either (1) a long-term unsecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Moody's or (2) a short-term unsecured debt rating or certificate of deposit xx xxxxsit rating of A-1 or better by S&P or P-1 or better by Xxxxx'xMoody's, (B) the parent corporation which has either (1) a long-term unsecured txxx xxxecured debt rating of AA- or better by S&P and Aa3 or better by Xxxxx'x Moody's or (2) a short-term unsecured debt rating or certificate of deposit xx xxxxsit rating of A-1 or better by S&P and P-1 or better by Xxxxx'x Moody's or (C) is otherwise acceptable to the Deal Agent and (ii) whose xxxxx deposits are insured by the Federal Deposit Insurance Corporation (any such depository institution or trust company, a "Qualified Institution").

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corporation)

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