Establishment of the Reserve Account. The Reserve Account shall have been established and be subject to an effective DACA Agreement in form and substance reasonably satisfactory to both Agents; provided that, with respect to an Advance made after the Closing Date, any amounts required to be deposited in the Reserve Account pursuant to the Loan Documents shall be so deposited from the proceeds of such Advance.
Establishment of the Reserve Account. The Seller or the Servicer on its behalf shall establish, on or before the Closing Date, with the Collateral Custodian, and cause to be maintained in the name of the Seller and assigned to the Administrative Agent, with a Qualified Institution an account into which all amounts payable pursuant to Section 2.9(a)(7) of this Agreement shall be deposited (the “Reserve Account”).
Establishment of the Reserve Account. The Issuer hereby instructs the Trustee to establish a Reserve Account, which account the Trustee has established as of the Closing Date, and the Issuer hereby agrees that it shall maintain such account with the Trustee for the benefit of the Senior Noteholders, the Senior Subordinated Noteholders and the Trustee. The Reserve Account shall be an Eligible Account. Amounts to be deposited by the Issuer in the Reserve Account shall be as set forth in the Supplement for each Series and Class of Senior Notes and Senior Subordinated Notes.
Establishment of the Reserve Account. Concurrent with the execution and delivery hereof, the Reserve Account Agent shall establish and maintain in the name of the Issuer at Bankers Trust Company, a special, segregated and irrevocable reserve account designated "Senior Secured Note Reserve Account pledged by Amethyst Financial Company Limited to Wilmington Trust Company, as Trustee" (the "Reserve Account"). All funds accepted by the Reserve Account Agent pursuant to this Agreement shall be held in the Reserve Account until disbursed in accordance with the terms hereof. The Reserve Account, the funds held therein and any Temporary Cash Investments held by the Reserve Account Agent in which such funds are invested shall be beneficially owned by the Issuer and pledged to and under the sole dominion and control of the Trustee, acting for its benefit and the equal and ratable benefit of the Holders of the Notes.
Establishment of the Reserve Account. If specified as contemplated by Section 2.1 or 3.1 with respect to the Securities of a series, the Company shall pay an amount equal to the interest payable on the first two Interest Payment Dates in respect of the Securities of such series from the net proceeds from the sale of the Securities of such series into an account (the "Reserve Account") to be established by the Trustee and maintained separately from the funds it holds pursuant to this Indenture, the amounts in which shall be applied by the Trustee to pay interest on the Securities on the first two Interest Payment Dates for the Securities and no other use shall be made of such Reserve Account funds except as set forth in Section 11.2. No further amounts will be required to be paid into the Reserve Account. The Trustee shall have exclusive control and sole right of withdrawal with respect to the Reserve Account funds for the purpose of making deposits in and withdrawals from the Reserve Account in accordance with this Indenture. All funds deposited in the Reserve Account shall be held by the Trustee in the Reserve Account on behalf of the Company for the benefit of the Holders and for distribution as herein provided only. The Reserve Account shall be closed by the Trustee upon the payment of the interest on the Securities on the second Interest Payment Date and any amounts then remaining in the Reserve Account after payment in full of all amounts due and payable in respect of the Securities on the first two Interest Payment Dates shall be returned to the Company. In the event of the distribution of the Securities to the holders of the Preferred Securities and Common Securities in liquidation of the Trust, any amounts then remaining in the Reserve Account shall be remitted to the Company.
Establishment of the Reserve Account. The Issuer, the Trustee and BNY hereby confirm and agree that:
(a) The Trustee has established account no. 394414 (together with any successor accounts thereof, the “Reserve Account”) with BNY, as depository bank and securities intermediary (as defined in Section 8-102 (a)(14) of the UCC), as the case may be, in accordance with this Agreement and the Indenture.
(b) The Reserve Account shall be maintained in the name of the Trustee for the benefit of the Noteholders and the Trustee as required under the Indenture.
(c) BNY shall not change the name or account number of the Reserve Account without the prior written consent of the Trustee.
Establishment of the Reserve Account. The Servicer shall cause to be established, on or before the Closing Date, with the Trustee, and maintained in the name of the Borrower, subject to the lien of the Trustee, for the benefit of the Secured Parties, a segregated corporate trust account entitled “Reserve Account for NewStar DB Term Funding LLC, subject to the lien of U.S. Bank National Association, as Trustee for benefit of the Secured Parties” (the “Reserve Account”).
Establishment of the Reserve Account. The Servicer, for the benefit of PARCO, the APA Banks and the Funding Agent shall establish and maintain or cause to be established and maintained with a bank acceptable to the Funding Agent, in the name of the Funding Agent for the benefit of PARCO and the APA Banks, as an Eligible Account, a reserve account (the "RESERVE ACCOUNT"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of PARCO and APA Banks. The Funding Agent, for the benefit of PARCO and the APA Banks, shall possess all right, title and interest in all funds on deposit from time to time in the Reserve Account and in all proceeds thereof. The Reserve Account shall be under the sole dominion and control of the Funding Agent for the benefit of PARCO and the APA Banks. The taxpayer identification number associated with the Reserve Account shall be that of the Seller and the Seller will report for Federal, state and local income tax purposes, the income, if any, represented by the Reserve Account. If the Reserve Account shall at any time cease to be an Eligible Account, then the Servicer shall, immediately thereafter, establish a new Eligible Account as the Reserve Account, which Eligible Account shall be maintained as set forth in this Section 2.13, and shall, on such date, transfer all funds in the existing Reserve Account to such new Reserve Account. On the Effective Date, the Seller shall deposit an amount in the Reserve Account equal to the Minimum Reserve Account Balance as of such date. On each Settlement Date, the Seller shall deposit or cause to be deposited in the Reserve Account, from Collections, an amount in accordance with Section 2.5(c)(xi). On each Business Day, the Seller shall deposit or cause to be deposited in the Reserve Account an amount sufficient to ensure that the Minimum Reserve Account Balance is satisfied.
Establishment of the Reserve Account. The Servicer, for the benefit of the Noteholders, shall cause to be established and maintained in the name of the Collateral Agent on behalf of the Noteholders, with a Qualified Institution designated by the Servicer (which may include the Collateral Agent), a segregated trust account within the corporate trust department of such Qualified Institution (the "Reserve Account"), bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Noteholders. The Collateral Agent shall possess all right, title and interest in all funds on deposit from time to time in the Reserve Account and in all proceeds thereof excluding interest on funds in deposit. Pursuant to the authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the revocable power to instruct the Collateral Agent to make withdrawals and payments from the Reserve Account for the purposes of carrying out its duties hereunder and under any supplement hereto.
Establishment of the Reserve Account
