Common use of Insufficiency and Losses in Trust Accounts Clause in Contracts

Insufficiency and Losses in Trust Accounts. If any amounts ------------------------------------------ are needed for disbursement from any Trust Account held by or on behalf of the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Account. The Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.06. If any losses are realized in connection with any investment in any Trust Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, and the Transferor, with respect to each other Trust Account, shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Account) in such Trust Account immediately upon the realization of such loss or, to the extent that the Servicer or the Transferor, as applicable, fails to deposit any portion of such amount, the Transferor or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Account. All interest and any other investment earnings on amounts held in any Trust Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account.

Insufficiency and Losses in Trust Accounts. If any amounts ------------------------------------------ are needed for disbursement from any Trust Account held by or on behalf of the Indenture Trustee Certificate Distribution Account and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Accountaccount. The Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.06. If any losses are realized in connection with any investment in any Trust Account or in the Certificate Distribution Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, and the Transferor, with respect to each other Trust Accountsuch account, shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Accountaccount) in such Trust Account account immediately upon the realization of such loss or, to the extent that the Servicer or the Transferor, as applicable, fails to deposit any portion of such amount, the Transferor or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Accountaccount. All interest and any other investment earnings on amounts held in any Trust Account or in the Certificate Distribution Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account and of the Certificate Distribution Account.

Insufficiency and Losses in Trust Accounts. If any amounts ------------------------------------------ are needed for disbursement from any Trust Account held by or on behalf of the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Account. The Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.06. If any losses are realized in connection with any investment in any Trust Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, and the TransferorAffiliated Holder, with respect to each other Trust Account, shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Account) in such Trust Account immediately upon the realization of such loss or, to the extent that the Servicer or the TransferorAffiliated Holder, as applicable, fails to deposit any portion of such amount, the Transferor Affiliated Holder or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Account. All interest and any other investment earnings on amounts held in any Trust Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account.

Insufficiency and Losses in Trust Accounts. If any amounts are ------------------------------------------ are needed for disbursement from any Trust Account held by or on behalf of the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Account. The Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.065.03. ------------ If any losses are realized in connection with any investment in any Trust Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, and the Transferor, with respect to each other Trust Account, Transferor shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Account) in such Trust Account immediately upon the realization of such loss or, to the extent that the Servicer or the Transferor, as applicable, fails to deposit any portion of such amount, the Transferor or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Accountloss. All interest and any other investment earnings on amounts held in any Trust Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account.

Insufficiency and Losses in Trust Accounts. If any amounts are ------------------------------------------ are needed for disbursement from any Trust Account held by or on behalf of the Indenture Trustee Certificate Distribution Account and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Accountaccount. The Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.06. If any losses are realized in connection with any investment in any Trust Account or in the Certificate Distribution Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, and the Transferor, with respect to each other Trust Accountsuch account, shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Accountaccount) in such Trust Account account immediately upon the realization of such loss or, to the extent that the Servicer or the Transferor, as applicable, fails to deposit any portion of such amount, the Transferor or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Accountaccount. All interest and any other investment earnings on amounts held in any Trust Account or in the Certificate Distribution Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account and of the Certificate Distribution Account.

Insufficiency and Losses in Trust Accounts. If any amounts ------------------------------------------ are needed for disbursement from any Trust the Note Payment Account held by or on behalf of the Indenture Trustee Certificate Distribution Account and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or the Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Accountaccount to make up such insufficiency. The Indenture Trustee, or Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.06. If any losses are realized in connection with any investment in any Trust Account or in the Certificate Distribution Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, Account and the TransferorIssuer, with respect to each other Trust the Note Payment Account and the Certificate Distribution Account, shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Accountaccount) in such Trust Account account immediately upon the realization of such loss or, to the extent that the Servicer or the Transferor, as applicable, fails to deposit any portion of such amount, the Transferor or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Accountloss. All interest and any other investment earnings on amounts held in any Trust Account or in the Certificate Distribution Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account and of the Certificate Distribution Account.

Insufficiency and Losses in Trust Accounts. If any amounts are ------------------------------------------ are needed for disbursement from any Trust Account held by or on behalf of the Indenture Trustee and sufficient uninvested funds are not available to make such disbursement, the Indenture Trustee, or the Owner Trustee or Co-Owner Trustee in the case of the Certificate Distribution Account, shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Trust Account. The Indenture Trustee, or the Owner Trustee or Co-Co- Owner Trustee in the case of the Certificate Distribution Account, shall not be liable for any investment loss or other charge resulting therefrom, unless such loss or charge is caused by the failure of the Indenture Trustee Trustee, or Owner Trustee or Co-Owner Trustee, respectively, to perform in accordance with this Section 5.065.03. ------------ If any losses are realized in connection with any investment in any Trust Account pursuant to this Agreement and the Indenture, then the Servicer, with respect to the Collection Account, and the Transferor, with respect to each other Trust Account, Transferor shall deposit the amount of such losses (to the extent not offset by income from other investments in such Trust Account) in into such Trust Account immediately upon the realization of such loss or, to the extent that the Servicer or the Transferor, as applicable, fails to deposit any portion of such amount, the Transferor or the Servicer, as applicable, shall deposit any insufficiency from such failure in such Trust Accountloss. All interest and any other investment earnings on amounts held in any Trust Account shall be taxed to the Issuer and for federal and state income tax purposes the Issuer shall be deemed to be the owner of each Trust Account.