Establishment of Trust Accounts. (i) The Servicer, for the benefit of the Noteholders and the Certificateholders, shall establish and maintain in the name of the Indenture Trustee an Eligible Deposit Account (the “Collection Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders and the Certificateholders.
(ii) The Servicer, for the benefit of the Noteholders and the Certificateholders, shall establish and maintain in the name of the Indenture Trustee an Eligible Deposit Account (the “Note Distribution Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders.
(iii) The Servicer, for the benefit of the Noteholders, shall establish and maintain in the name of the Indenture Trustee an Eligible Deposit Account (the “Spread Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders and Certificateholders.
(iv) [Reserved].
(v) [Reserved].
(vi) [Reserved].
(vii) [Reserved].
(b) Funds on deposit in the Collection Account, the Note Distribution Account, and the Spread Account (collectively, the “Trust Accounts”) shall be invested or reinvested by the Indenture Trustee in Eligible Investments selected by and as directed in writing by the Servicer (which written direction may be in the form of standing instructions) or if the Servicer fails to provide written direction, shall be invested or reinvested by the Indenture Trustee in Eligible Investments specified in paragraph (d) of the definition of “Eligible Investments” (without giving effect to the proviso therein) as set forth in Appendix A to the Indenture; provided, however, it is understood and agreed that the Indenture Trustee shall not be liable for the selection of, or any loss arising from such investment in, Eligible Investments. All such Eligible Investments shall be held or controlled by the Indenture Trustee for the benefit of the Noteholders and the Certificateholders or the Noteholders, as applicable (and for the purposes of Articles 8 and 9 of the UCC, each Eligible Investment is intended to constitute a Financial Asset, and each of the Trust Accounts is intended to constitute a Securities Account); provided, that on each Transfer Date, all Investment Earnings on funds on deposit in the Trust Accounts shall be deposited into the Collection Account and shall be deemed to constitute a portion of the Total Distribution Amount...
Establishment of Trust Accounts. (a) The Owner Trustee, for the benefit of the Certificateholder, shall cause the Certificate Paying Agent to establish and maintain in the name of the Trust a distribution non-interest bearing account (the “Certificate Distribution Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholder. The Certificate Distribution Account shall be maintained as an Eligible Deposit Account; provided, however, that so long as (i) the long-term unsecured debt of the related depository institution shall have a credit rating of investment grade or better by a nationally recognized statistical rating organization, and (ii) such depository institution’s deposits are insured by the FDIC, such account shall be deemed to be an Eligible Deposit Account.
(b) The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Certificate Distribution Account and in all proceeds thereof. Except as otherwise expressly provided herein, the Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholder. If, at any time, the Certificate Distribution Account ceases to be an Eligible Deposit Account, the Certificate Paying Agent shall within ten (10) Business Days establish a new Certificate Distribution Account as an Eligible Deposit Account and shall transfer any cash or any investments to such new Certificate Distribution Account; provided, however, that so long as (i) the long-term unsecured debt of the related depository institution shall have a credit rating of investment grade or better by a nationally recognized statistical rating organization, and (ii) such depository institution’s deposits are insured by the FDIC, such account shall be deemed to be an Eligible Deposit Account.
Establishment of Trust Accounts. (a) The Owner Trustee, for the benefit of the Certificateholder, shall cause the Certificate Paying Agent to establish and maintain in the name of the Trust a distribution non-interest bearing account (the “Certificate Distribution Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholder. The Certificate Distribution Account shall be maintained as an Eligible Deposit Account.
(b) The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Certificate Distribution Account and in all proceeds thereof. Except as otherwise expressly provided herein, the Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholder. If, at any time, the Certificate Distribution Account ceases to be an Eligible Deposit Account, the Certificate Paying Agent shall within 10 Business Days establish a new Certificate Distribution Account as an Eligible Deposit Account and shall transfer any cash or any investments to such new Certificate Distribution Account.
Establishment of Trust Accounts. (a) On or prior to the Closing Date, the Administrator shall establish at the Indenture Administrator the following Eligible Deposit Accounts as more fully described below.
(i) The Indenture Administrator, for the benefit of the Noteholders, the holder of the Trust Certificate and the Trust, shall establish and maintain in the name of the Indenture Trustee, an Eligible Deposit Account (the “Collection Account”) bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Trust. The Collection Account will initially be established as a segregated trust account in the name of the Indenture Trustee with the corporate trust department of the Indenture Administrator. On the Closing Date, the Depositor shall deposit, or cause to be deposited, the Collection Account Initial Deposit into the Collection Account.
(ii) The Indenture Administrator, for the benefit of the Noteholders, the holder of the Trust Certificate and the Trust, shall establish and maintain in the name of the Indenture Trustee, an Eligible Deposit Account (the “Reserve Account”) bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Trust. The Reserve Account will initially be established as a segregated trust account in the name of the Indenture Trustee with the corporate trust department of the Indenture Administrator. On the Closing Date, the Depositor shall deposit, or cause to be deposited, the Reserve Account Initial Deposit into the Reserve Account.
(iii) The Indenture Administrator, for the benefit of the Noteholders, the holder of the Trust Certificate and the Trust, shall establish and maintain in the name of the Indenture Trustee, an Eligible Deposit Account (the “Capitalized Interest Account”) bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Trust. The Capitalized Interest Account will initially be established as a segregated trust account in the name of the Indenture Trustee with the corporate trust department of the Indenture Administrator. On the Closing Date, the Depositor shall deposit, or cause to be deposited, the Capitalized Interest Account Initial Deposit into the Capitalized Interest Account.
(b) Funds on deposit in each account specified in Section 2.3(a) above (collectively, the “Trust Accounts”) shall be invested by the Indenture Administrator (or any custodian or designated agent with respect to any amounts on deposit i...
Establishment of Trust Accounts. 52 Section 5.02. Collections; Realization Upon Policies; Net Deposits..................... 54 Section 5.03. Application of Collections............................................... 56 Section 5.04. Advances and Nonrecoverable Advances; Repurchase Amounts................. 56 Section 5.05. Distributions............................................................ 57 Section 5.06. Spread Account........................................................... 59 Section 5.07. Statements to Securityholders............................................ 59 ARTICLE SIX THE SELLER
Establishment of Trust Accounts. (a) (i) The Indenture Trustee, on behalf of the Noteholders, shall establish and maintain in its own name an Eligible Deposit Account (the “Collection Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Indenture Trustee on behalf of the Noteholders. The Collection Account shall initially be established with the Indenture Trustee.
Establishment of Trust Accounts. (a) Prior to the Closing Date, the Servicer shall open, at a depository institution (which may be the same depository institution which is acting in the capacity as Indenture Trustee), the following accounts:
(i) an account denominated "Collection Account - OT 2001-A, The Chase Manhattan Bank, Indenture Trustee" (the "COLLECTION ACCOUNT");
(ii) an account denominated "Payahead Account - OT 2001-A, The Chase Manhattan Bank, as agent" (the "PAYAHEAD ACCOUNT");
(iii) an account denominated "Spread Account - OT 2001-A, The Chase Manhattan Bank, Indenture Trustee" (the "SPREAD ACCOUNT");
(iv) an account denominated "Note Distribution Account - OT 2001-A, The Chase Manhattan Bank, Indenture Trustee" (the "NOTE DISTRIBUTION ACCOUNT");
(v) an account denominated "Prefunding Account - OT 2001-A, The Chase Manhattan Bank, Indenture Trustee" (the "PREFUNDING ACCOUNT"); and
(vi) an account denominated "Capitalized Interest Account - OT 2001-A, The Chase Manhattan Bank, Indenture Trustee" (the "CAPITALIZED INTEREST ACCOUNT"). In addition, the Indenture Trustee shall establish a trust account to be maintained in the Corporate Trust Office of the Indenture Trustee denominated "Payment Account - OT 2001-A, The Chase Manhattan Bank, Indenture Trustee" (the "PAYMENT ACCOUNT" and, together with the accounts described in clauses (i) through (vi) above, the "TRUST ACCOUNTS"). The Trust Accounts shall be Eligible Accounts (subject to the requirement that the Payment Account must be maintained as provided in the immediately preceding sentence) and relate solely to the Notes and to the Contracts and, if applicable, the related Eligible Investments. The location and account numbers of the Trust Accounts as of the Closing Date are set forth on Schedule II. The Servicer shall give the Issuer, the Owner Trustee, the Trust Agent, the Indenture Trustee and the Insurer at least five Business Days' written notice of any change in the location of any Trust Account and any related account identification information. All amounts, financial assets and investment property held in, deposited in or credited to, from time to time, the Trust Accounts (other than the Payahead Account and investment income credited to the Collection Account and the Capitalized Interest Account) shall be part of the Trust Property and all amounts, financial assets and investment property held in, deposited in or credited to, from time to time, the Collection Account, the Spread Account, the Prefunding Account and th...
Establishment of Trust Accounts. (a) (i) The Trust Collateral Agent, on behalf of the Noteholders, shall establish and maintain in its own name an Eligible Deposit Account (the “Collection Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Trust Collateral Agent on behalf of the Noteholders. The Collection Account shall initially be established with the Trust Collateral Agent.
Establishment of Trust Accounts. (i) The Trustee shall cause to ------------------------------- be established and maintained in the name of the Trustee, on behalf of the Trust, (x) for the benefit of the Series 1999-1 Certificateholders and (y) for the benefit, subject to the prior and senior interest of the Series 1999-1 Certificateholders, of the holder of the Transferor Certificate, (A) a subaccount of the Collection Account (the "Series 1999-1 Collection ------------------------ Subaccount"), which subaccount is the Series Collection Subaccount with respect to Series 1999-1; (B) two subaccounts of the Series 1999-1 Collection Subaccount:
(1) the Series 1999-1 Principal Collection Sub-subaccount, and (2) the Series 1999-1 Non-Principal Collection Sub-subaccount (respectively, the "Series 1999-1 Principal Collection Sub-subaccount" and the "Series 1999-1 Non- -------------------------------------------------- ----------------- Principal Collection Sub-subaccount"); (C) a subaccount of the Series 1999-1 ----------------------------------- Principal Collection Sub-subaccount (the "Series 1999-1 Principal Collection ---------------------------------- Subordinated Sub-subaccount"); and (D) a subaccount of the Series 1999-1 Non- --------------------------- Principal Collection Sub-subaccount (the "Series 1999-1 Accrued Interest Sub- ---------------------------------- subaccount"). The subaccounts and sub-subaccounts established pursuant to this ---------- Section 4.02(d)(i) and listed on Schedule 2 attached to the Supplement with ------------------ ---------- respect to Series 1999-1 shall be referred to collectively as the "Trust ----- Accounts". Each Trust Account shall bear a designation indicating that the -------- funds deposited therein are held for the benefit of the Persons (and for each such Person, to the extent) set forth in clauses (x) and (y) above. The ----------- --- Trustee, on behalf of the Series 1999-1 Certificateholders, shall possess all right, title and interest in all funds from time to time on deposit in, and all Eligible Investments credited to, the Trust Accounts and in all proceeds thereof. The Trust Accounts shall be under the sole dominion and control of the Trustee for the exclusive benefit of the Persons (and, for each such Person to the extent) set forth in clauses (x) and (y) above. ----------- ---
(ii) All Eligible Investments in the Trust Accounts shall be held by the Trustee, on behalf of the Series 1999-1 Certificateholders, for the exclusive benefit of ...
Establishment of Trust Accounts. (a) (i) The Indenture Trustee, on behalf of the Noteholders, shall establish and maintain in its own name an Eligible Deposit Account (the “Collection Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Indenture Trustee on behalf of the Noteholders. The Collection Account shall initially be established with the Indenture Trustee. The parties hereto acknowledge and agree that on the Closing Date, proceeds from the sale of the Notes may be deposited into the Collection Account and distributed by the Indenture Trustee on the Closing Date to such Persons and in such amounts that are set forth in the closing flow of funds delivered to the Indenture Trustee by Exeter on July 30, 2024 in the document entitled “EART 2024-4 Flow of Funds Final External Signed.pdf”.